(October 27, 2008) The California Supreme Court recently decided to consider a key case affecting how employers should handle employee meal and rest breaks.

Until the state high court issues its ruling, the California Chamber of Commerce is advising members not to rely on or follow the 4th District Court of Appeal ruling in the case of Brinker Restaurant Corporation et al. v. The Superior Court of San Diego County.

The appeal court ruled in July that state law requires only that employers provide meal periods. The decision clarified a point of much concern for employers: whether the requirement to provide a meal or rest break meant employers had to force the employees to take the break.

The appeal court denied class certification for almost 60,000 restaurant employees because the lower court did not properly consider the elements of the employees’ claims in determining if they were susceptible to class treatment.

The CalChamber is advising that members:

• contact legal counsel to ensure that policies reflect the most prudent practices relating to meal and rest breaks and tracking of employee time; 
• always track all hours worked and not worked of all non-exempt employees; and 
• make sure supervisors and managers consistently enforce the employer’s policies and procedures, in particular, as they relate to meal and rest breaks for non-exempt employees.
  

For more information on the July ruling, see the HR Watchdog blog at www.hrcalifornia.com.

Staff Contact: Jessica Hawthorne