For several years, employers in the restaurant industry have been waiting for the California Supreme Court to decide the Brinker case, a lawsuit that involved two main issues. First, can California employers avoid liability for meal break penalties by maintaining policies that allow breaks to be taken even if they do not strictly police their implementation? Second, are meal breaks required on a “rolling” basis, or is their number based on the total number of hours worked?
How to manage employee meal breaks: The new rules
A top labor attorney explains the effects a closely watched California case involving casual dining giant Brinker International will have on operators there and elsewhere.