DLSE Issues New Memo Regarding Supreme Court Review of Brinker
On October 23, 2008, the DLSE withdrew its July 22, 2008 memo directing all DLSE staff to follow the Brinker decision, and issued a new memo setting forth its enforcement policy in light of the California Supreme Court’s recent grant of review of Brinker. The new memo seems to suggest that the DLSE will still follow the reasoning and holding of Brinker, even though Brinker is under review. The memo cites with approval the numerous federal court decisions holding that an employer need only provide meal breaks, not ensure that they are taken. The memo also disapproves of the Cicairos v. Summit Logistics case, to the extent that case may be interpreted to hold that employers have an affirmative obligation to ensure that meal periods are taken. To review the entire memo, click here.