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Article: California Court Clarifies Meal And Rest Period Obligations For Employers And Finds Claims Not Suitable For Class Action.
- Article from:
- Mondaq Business Briefing
- Article date:
- August 4, 2008
CopyrightCOPYRIGHT 2008 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The California Court of Appeal has issued an important new decision that significantly impacts employee meal period and rest break requirements under state law. Brinker Rest. Corp. v. Superior Ct., 2008 WL 2806613 (July 22, 2008). The decision holds that a California employer need only provide meal periods and rest breaks, and does not need to ensure that they are taken as long as the employer does not impede the employees' right to use these times off for the intended purposes. The decision provides guidance to employers regarding the obligation to provide meal and rest breaks to employees, how many breaks must be provided, when those breaks can be taken and the ...
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Article: A Ray Of Hope: California Court Of Appeal Decides ...
Mondaq Business Briefing;
August 4, 2008 ;
700+ words
... ... employees to take the meal period. If employees choose not to take that opportunity, there is no violation, similar to how rest breaks work. In reaching its decision, the court in Brinker relied on the plain meaning of the word "provide." It quoted the ...
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