Supreme Court Sets Oral Arguments In Brinker

The California Supreme Court announced today that it will hear oral arguments in the landmark wage-and-hour case Brinker Restaurant v. Superior Court on November 8 in San Francisco. In Brinker, the Court will decide whether employers must merely provide meal and rest breaks to their employees or actually ensure that breaks are taken, as well as the related issue of whether such claims are generally amenable to class treatment or whether they require individualized inquiries that make class treatment inappropriate. The outcome of the Court's decision is likely to have a significant impact on the exposure of large employers to wage-and-hour class action lawsuits. As the Court has 90 days from the date of oral argument to issue its opinion, the much anticipated decision is scheduled to be handed down no later than Monday, February 6, 2012. We will continue to follow the run up to the decision as new events unfold.