Brinker’s Impact On Certification Of Meal-Break Class Actions In California

Keywords: Class Actions, Meal-Break, Brinker, RadioShack

Class actions alleging that employers' meal-break policies violate California law have long been a favorite of the plaintiffs' bar.  Earlier this year, however, the California Supreme Court handed employers a victory in Brinker Restaurant Corp v. Superior Court, 53 Cal. 4th 1004 (Cal. 2012), holding that the obligation under the California Labor Code to provide employees with meal periods does not require the employer to affirmatively "ensure" that meal periods are actually taken.  In other words, an employer satisfactorily "provides" meal breaks if it relieves employees of their duties, relinquishes control over their activities, and permits them a reasonable opportunity to take an uninterrupted 30-minute break, and neither impedes nor discourage them from doing so.  Brinker thus is a significant win on the merits for employers.  (For more on Brinker, please see our Legal Update (pdf) after the decision