Beyond Brinker: Guidance on Meal and Rest Breaks and Employment Class Actions 2012 (Audio-only)

Taken from the briefing Beyond Brinker: Guidance on Meal and Rest Breaks and Employment Class Actions recorded May, 2012.

On April 12, 2012, the California Supreme Court issued its much anticipated decision in the case Brinker Restaurant Corp. et al. v. The Superior Court of San Diego (Adam Hohnbaum et al.), __ P.3d __, 2012 WL 1216356 (2012).  In 2008, the appellate court had ruled, among other issues, that the California meal period law only required employers to provide meal periods, not ensure that employee's take their meal periods.  The Court of Appeal further held that the trial court was required to decide this substantive issue of law in order to determine whether class certification was appropriate.

Four years later, the California Supreme Court finally spoke, after extensive oral argument was heard and briefing received.  The Brinker decision is a fifty-four page unanimous decision authored by Justice Werdegar.  Justice Werdegar also wrote a concurring opinion - joined by one other justice - which will be sure to spark debate amongst Plaintiffs and Defense attorneys for years to come.

In addition to its substantive rulings pertaining to meal and rest periods, the Brinker decision represents the California Supreme Court’s most extensive discussion on class certification standards since its decision nearly eight years ago in Sav-on Drug Stores, Inc. v. Superior Court.  The decision has important ramifications for class action practitioners.

With regard to meal and rest period standards, it is clear that employers are not required to force employees to take breaks, but there is much more to be gleaned about what constitutes a proper policy, how meal and rest periods should be made available and record-keeping.

Listen to Amy E. Beckstead and Maria C. Rodriguez of DLA Piper and Michael S. Morrison of Alexander Krakow + Glick LLP for an action-packed, practical discussion about the long-awaited Brinker decision.

Lecture Topics  [Total Time: 01:03:31]

• Employer duties to provide and make available meal and rest breaks
• Employees' rights to take or skip meal and rest breaks
• Off the clock claims
• Record-keeping requirements
• What employer's policies should reflect and proper practices post-Brinker
• Certification issues and standards discussed by the CA Supreme Court in Brinker
• Practical considerations

• Beyond Brinker: Guidance on Meal and Rest Breaks and Employment Class Actions
• Labor Employment Alert
• The California Supreme Court Clarifies Class Certification Issues in Brinker Decision