On April 12, 2012, the California Supreme Court decided
Brinker Restaurant Corporation v. Superior Court
(Hohnbaum), pending since 2008. We reported on the decision in
a Legal Alert, and in an extended webinar, which you can access
here and
here. Because it's such a significant decision, more
remains to be said.
Much-Needed Clarification
California recognizes two kinds of meal periods: off-duty and
on-duty. An on-duty meal period is permitted only when the nature
of the work prevents the employee from being relieved of all duty,
the employee is paid, and there is a written agreement with a right
to revoke the agreement. Unless there is a valid on-duty meal
period agreement, an employer is required to affirmatively relieve
employees of duty during a meal period of at least 30 uninterrupted
minutes (e.g., must be permitted to leave premises).
