On Nov. 8, the California Supreme Court heard oral argument in the long-awaited employee meal and rest case, Brinker Restaurant v. Superior Court. The court’s decision will address whether an employer need only make meal breaks “available” to employees or instead must “ensure” that employees take their meal breaks. The opinion may also shed light on the scope of California class action certification law. The case likely will affect all nonexempt employees working in California.
Facts Before the Trial Court
Brinker Restaurant Corp. operates scores of restaurants throughout California. The potential class in this case is large, nearly 60,000 hourly employees.
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