On July 22, the Court of Appeal, Fourth District, Division 1, California unanimously reversed a decision by a lower court in Brinker Restaurant v The Superior Court of San Diego County, ruling that employers are only required to provide meal and rest breaks for their workers, not ensure that breaks


The important decision classifies that employers couldn't be held liable for employees working off the clock unless they knew they were doing so.The court ruled that none of the above issues could be certified as class actions, because they involve individual claims that must be handled separately in possibly thousands of "mini-trials."

Mark Wilbur, President and Chief Executive Officer of Employers Group, an employers human resources expert and advocate, stated that an amicus brief was written and filed on behalf of Brinker by attorney Richard Simmons, a partner in Sheppard Mullin Richter & Hampton LLP and a member of Employers Group's Legal Committee.

"This is a big victory for employers that culminates a 6-year battle, during which several class actions were filed daily. Had the court ruled differently, the cost to employers would have been devastating," Wilbur said.

Thanks to Employers Group for this helpful piece of news.

Register or login for access to this item and much more

All Employee Benefit News content is archived after seven days.

Community members receive:
  • All recent and archived articles
  • Conference offers and updates
  • A full menu of enewsletter options
  • Web seminars, white papers, ebooks

Don't have an account? Register for Free Unlimited Access