Brinker Update: Petition for Review Granted

The Califoria Supreme Court on October 22, 2008, voted 6-0 in favor of granting the petition for review in Brinker Restaurant Corp. v. Superior Court of San Diego County, a major employment law decision over meal and rest breaks. Justice Kathryn Werdegar was absent and did not participate in the vote.

The 4th District Court of Appeal in the Brinker decision concluded that while employers can’t discourage employees from taking rest periods, they do not have to ensure the breaks are taken and can only be held liable for employees working off the clock if they were or should have been aware of them doing so – a notable initial victory for employers.

The Supreme Court’s review of the matter will no doubt place employers on edge as they await a decision, while employees enjoy the possibility that they may in fact have the last hoorah.

For past coverage of the Brinker matter, click here.

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