As employers and employee advocates eagerly await the California Supreme Court’s decision in Brinkley and Brinker regarding the lengths to which employers must ensure employees are afforded the opportunity to take meal breaks, some companies have decided to go so far as to discipline employees who voluntarily work “off the clock.” I have to admit [...]
Posts Tagged ‘rest break’
Look Out Brinker and Brinkley, Here Comes Sharon
Posted in Litigation, Policies & Best Practices, Wage & Hour, tagged Brinker, brinkley, California, East Bay, employment attorney, labor code, meal break, rest break, Silicon Valley, wage and hour on January 17, 2012 | 2 Comments »
Prevailing Employer in Meal/Rest Break Suit Entitled to Attorneys’ Fees
Posted in Litigation, New Laws, Policies & Best Practices, Wage & Hour, tagged California, meal break, minimum wage, no breaks, rest break, restuarants, unpaid overtime on July 28, 2010 | Leave a Comment »
11/17/2010 Update: The California Supreme Court granted review of Kirby v. Immoos Fire Protection. We will have to wait for the Supreme Court’s decision to determine if I was correct. In 2000, the California legislature added some teeth to California’s meal and rest break laws. Prior to 2000 employers were required to give employees meal [...]
Brinkley, not Brinker – Another Meal Break Case
Posted in Policies & Best Practices, Wage & Hour, tagged 226, 226.7, Bay Area, California, labor code, meal break, pay stub, penalties, penalty, rest break, San Jose, San Mateo, Santa Clara, Silicon Valley on October 29, 2008 | Leave a Comment »
Another appellate court decision was issued today regarding whether an employer is obligated to ensure employees take required meal and rest breaks. In Brinkley v. Public Storage, Inc. (B20513), the Second Appellate District rejected the employee’s argument that employers must force employees to take meal and rest breaks. The court adopted the arguments previously set [...]
Employers Do NOT Need to Force Employees to Take Breaks
Posted in Policies & Best Practices, Wage & Hour, tagged Brinker, lunch break, meal break, required break, rest break, time off, wage and hour on July 22, 2008 | 2 Comments »
For the first time, a California appellate court has held that employers do not need to force their employees to take meal breaks. While several federal cases have found that employers do not need to force employees to take meal breaks, the only California appellate court decision on the matter found that employers needed to [...]
