Benefits Think News You Can Use: Brinker Decision Affects Employers in California

Published Updated 2 Min Read

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.”


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