​(April 13, 2012) The California Supreme Court yesterday released its long-awaited decision in a case involving employers’ obligations relating to meal and rest breaks.

The most critical part of the unanimous ruling in Brinker Restaurant Corp. v. Superior Court is that employers do not have to ensure that employees take their meal breaks, but must merely make them available. The court also provided flexibility to employers with regard to the timing of meal and rest breaks.

Erika Frank, California Chamber of Commerce general counsel and vice president of legal affairs, commented on the ruling: “Employers have finally received some much-needed clarity in a common-sense decision from the California Supreme Court that will provide certainty and flexibility to employers and employees, allowing them to effectively manage their workload and serve their customers and clients.

“One of the most significant benefits of this ruling is that it will reduce employers’ exposure to costly and frivolous litigation.”

Video: Supreme Court Issues Decision on Meal/Rest Periods in Brinker Case

Court Decision

According to the court: “To summarize: An employer’s duty with respect to meal breaks under both section 512, subdivision (a) and Wage Order No. 5 is an obligation to provide a meal period to its employees.

“The employer satisfies this obligation if it relieves its employees of all duty, 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.

“What will suffice may vary from industry to industry, and we cannot in the context of this class certification proceeding delineate the full range of approaches that in each instance might be sufficient to satisfy the law.”

The CalChamber submitted a friend-of-the-court brief in the case.

More Analysis

A more detailed analysis of the opinion will be released soon via the HRCalifornia Extra e-newsletter. To sign up, visit www.calchamber.com.

Webinar

CalChamber employment law experts will interpret the ruling during a 90-minute live webinar on April 17. Meal & Rest Breaks: What Does the Brinker Decision Mean for Your Workplace? will include a discussion of the decision’s impact on the workplace and meal and rest break requirements for nonexempt employees, as well as best practices and tips on complying.

Registration information is available at www.calchamber.com.

Staff Contact: Gail Cecchettini Whaley

Video: Supreme Court Issues Decision on Meal/Rest Periods in Brinker Case