Eagerly Awaited California Supreme Court Decision Regarding Meal Periods Is Not Likely Until February 2011, At The Earliest

The issue of whether an employer's obligation to "provide" to non-exempt employees unpaid, duty free meal periods of at least 30 minutes means the employer must ensure that non-exempt employees actually take such meal periods or means the employer must merely make the meal periods available has been pending before the California Supreme Court since August 2008 when the court granted review of the Court of Appeal's decision in Brinker Restaurant Corp. v. Superior Court holding that an employer satisfies its duty to "provide" required meal periods by making required meal periods available to non-exempt employees. On December 4, 2008, the Court also granted review of the Court of Appeal's decision in Brinkley v. Public Storage, which decided the issue the same way as the Brinker court.

The California Supreme Court will not conduct any additional oral arguments this summer. Therefore, September is the earliest that Brinker could be placed on the Court's oral argument calendar. Assuming oral argument would then take place in November 2010, at the earliest, a decision by the Court is not likely to be issued until February 2011, at the earliest.

Other AALRR Blogs

Recent Posts

Popular Categories

Contributors

Archives

Back to Page

By scrolling this page, clicking a link or continuing to browse our website, you consent to our use of cookies as described in our Cookie and Privacy Policy. If you do not wish to accept cookies from our website, or would like to stop cookies being stored on your device in the future, you can find out more and adjust your preferences here.