Supreme Court decision in Brinker v. Superior Court provides clarity to employees and employers, will reduce costly litigation

(This article was published in the Century City News on April 17, 2012)

In a unanimous ruling, the California Supreme Court determined in Brinker Restaurant v. Superior Court that employers are “not obligated to police meal breaks and ensure no work thereafter is performed.” Among other issues, the court finally answered the question of what it means to “provide” a meal break. The court’s opinion stated that an employer satisfies this obligation if it relieves its employees of all duties, relinquishes control over their activities and permits them a reasonable opportunity to take an uninterrupted 30-minute break and does not impede or discourage them from doing so.

“We commend Brinker for seeing this case through the judicial process to an end that will benefit employers from countless industries,” California Restaurant Association President + CEO Jot Condie said. “Employers have spent millions fighting and settling frivolous lawsuits on these issues and now have some clarity on how to move forward in compliance with the law.”

The court ruled that employers aren’t required to ensure that no work is done during a meal or rest period. The ruling provides much-needed clarity and relief to operators on an issue that has plagued the California courts with countless lawsuits that have been a significant source of costly class-action litigation for numerous industries.

Employers wishing to capitalize on the flexibility that Brinker provides should immediately ensure that they have written policies in place advising employees of their right to take meal and rest breaks, and emphasize the timing of those breaks. The court also made clear that employers may not in any way pressure employees to work through their meal breaks by way of “ridicule or reprimand.”

“It’s more important than ever to train management staff on the proper way to handle these breaks,” said Condie. “The bottom-line from Brinker is that those 30 minutes belong to the employee and they can choose for themselves how to spend that time.

“We’re hopeful that as the second-largest private employer in the state, the restaurant industry can get back to dedicating more time and resources to employing Californians, reducing the state’s nearly 11-percent unemployment rate, and helping the economy recover from the worst recession since the Great Depression,” Condie said.