The Brinker Decision: Analysis and Guidance
On April 12, 2012 the California Supreme Court released its long awaited
decision in the meal and rest breaks case: Brinker Restaurant Corp. v.
The decision in the Brinker case is important to all California
employers and nonexempt workers because it involves employers' obligations
relating to meal and rest breaks for nonexempt employees. The question of
whether employers must ensure employees take breaks or must simply provide
breaks has been a source of significant litigation in both federal and state
Employers have anxiously waited for guidance from the Supreme Court on these
CalChamber’s "The Brinker Decision: Analysis and Guidance" white
paper will help you interpret the ruling which requires employers to examine
meal and rest break policies.
- Must employers simply make meal breaks available or must employers
ensure the meal break is taken?
- What is the timing of the meal break? Are employers obligated to
make a meal break available for every five consecutive hours of work?
- How many rest breaks are required during a shift?
- When must employees take their rest breaks?
CalChamber is the largest, broad-based business advocate, working at the
state and federal levels to influence government actions affecting all California
business. As a not-for-profit, we leverage our front-line knowledge of laws
and regulations to provide affordable, easy-to-use compliance products and
Free White Paper
Disclaimer: This white paper is provided as general information
only and is not intended to be or to replace legal advice.