![]() ![]() The court in Brinker answered that question as follows: Having provided a policy, the issue is then whether employers must force employees to take their meal breaks. So how does an employer “provide” required meal periods? First, employers provide meal breaks through policies that affirmatively tell employees that they are provided and through work schedules. The key obligation for employers is to provide the above-described meal breaks. If an employer “fails to provide an employee a meal period,” the employer “shall pay” the employee one hour of pay for each work day that the meal period is not provided (Labor Code Section 226.7, Wage Order Section 11). “No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than 30 minutes” (Wage Order, Section 11).Īn employer may not employ an employee for a work period of more than 10 hours per day without providing a second meal period of not less than 30 minutes (Labor Code, Section 512). 4-2001, establish the following requirements for meal breaks: For that reason, we offer this guidance for California employers in an effort to help employers avoid costly class actions that allege meal and rest break violations.Įmployers must “provide” 30-minute meal breaksĬalifornia Labor Code Sections 226.7 and 512, as well as Section 11 of California Wage Order No. ![]() In other words, although Brinker answered many of the compliance issues that had plagued employers ever since California enacted its meal and rest break laws in 2000, many employers continue to struggle. Il Fornaio (2015 - wage and hour claims, including missed meal and rest breaks). Aurora Vista Del Mar, LLC (2016 - wage and hour claims, including missed meal and rest breaks). Parkview Community Hospital Medical Center (2016 - wage and hour claims, including missed meal and rest breaks). (2016 - unpaid overtime, meal and rest breaks). TJ Maxx of California LLC (2017 - failure to provide meal breaks and failure to pay for time spent closing). $8.5 million settlement in Roberts, et al. City of Los Angeles (2014 - denied off-duty meal breaks). For example, here is a sampling of settlements in the past few years: Although many considered the ruling in Brinker to be beneficial to employers, class actions against employers for meal and rest break violations have continued unabated. It has been five years since the California Supreme Court issued its seminal ruling on meal and rest breaks in Brinker Restaurant Corporation v. ![]()
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