Brinker v. Superior Court

Date: August 11, 2011

California Supreme Court

Voiding a trial court's 2006 decision that an estimated 59,000 to 63,000 current and former employees could join a lawsuit against the Dallas-based company, the California 4th District Court of Appeal ruled that employer Brinker only had to "make available" meal and rest breaks to its workers, not to "ensure" the breaks were taken.  The appellate court ruled that employers need only make meal breaks available to employees; if the employee for some reason doesn't want to take it or voluntarily works through it, the employer cannot be penalized.  The employees have appealed the decision to the state supreme court.

Status:  PENDING.  Amicus brief filed on 8/19/09.

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