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Article: Brinker, Brinkley, And Beyond: Surveying California's Wage-Hour Field Of Battle.
- Article from:
- Mondaq Business Briefing
- Article date:
- January 26, 2009
- Author:
CopyrightCOPYRIGHT 2009 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 Supreme Court's October 22, 2008, and January 14, 2009, grants of review (and consequent depublications) of the Court of Appeal decisions in Brinker Restaurant Corp. v. Superior Court (Hohnbaum), 2008 WL 2806613 (Cal. Ct. App., July 22, 2008), and Brinkley v. Public Storage, 2008 WL 4716800 (Cal. Ct. App., October 28, 2008), have caused great optimism for some within the plaintiff's bar. They anticipate that the Supreme Court will undo these lower court holdings that (i) an employer's obligation is to authorize meal periods, not ensure that they are taken, and (ii) the individualized nature of that inquiry renders meal and rest period claims not amenable to ...