Employment Law Commentary - May 2014

MEAL AND REST BREAK COMPLIANCE IN THE POST-BRINKER ERA

By Karen J. Kubin

In Brinker Restaurant Corporation v. Superior Court,¹ the California Supreme Court settled the question of the nature of an employer's duty to provide meal periods to its employees and also the question of the timing of meal periods. The court gave comparable guidance with respect to rest periods, clearly delineating when rest periods must be authorized and permitted. Case law developments in the two-year post-Brinker era make it more important than ever for employers to have written compliant meal and rest period policies in place. In this Commentary, the author explains why this is so important and offers a simple approach to ensure that employers' meal and rest period policies are legally compliant. First, a refresher on the legal requirements.