Brinker Confirms Practical Approach to Meal Breaks

The long-awaited decision in Brinker Restaurant v. Superior Court (Honhbaum) makes clear that employers do not need to force employees to take their meal breaks. Instead, an employer satisfies its duty under California's meal period and rest break laws by relieving its employees of all duties, relinquishing control over their activities and permitting them a reasonable opportunity to take an uninterrupted 30-minute break, and not impeding or discouraging them from doing so. The Court made clear that "the employer is not obligated to police meal breaks and ensure no work thereafter is performed. Bona fide relief from duty and the relinquishing of control satisfies the employer's obligations."