April 11, 2012

Long-awaited wage-and-hour decision in Brinker to issue tomorrow morning

According to the Supreme Court’s website, the Court is poised to issue its much-anticipated decision in Brinker Restaurant Corp v. Superior Court, S166350, at 10 a.m. tomorrow. As we have discussed here and elsewhere, Brinker concerns whether employers comply with California law by providing meal breaks to their employees, or whether employers must ensure that employees take those breaks. The Court will also likely address questions pertaining to class certification in the wage-and-hour context. The Court granted review in Brinker in 2008, heard argument in November of last year, and then vacated submission of the cause to allow post-argument amicus briefing. For more information on Brinker, check out Brian Sumers’s article in Monday’s Daily Journal [subscription required].

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