California Labor &
Employment Law Blog
Dec 22, 2011

Brinker Decision Likely Delayed Until April 2012

Topics: Court Decisions, Wage & Hour Issues

The California Supreme Court is required by court rule to issue decisions ninety days after they are submitted.  The Court previously submitted the Brinker case for decision after the November 8 oral argument, which is why most expected a final ruling by early February 2012.  Eariler this week, the California Supreme Court vacated the November 8 submission of the matter based on its earlier decision to allow further briefing on the issue of whether the eventual decision will operate prospectively or retroactively.  The Court has now ruled that additional briefing will be completed by January 13, 2012 and the matter submitted at that time.  As a result, the Court will now have until April 13 to issue its decision, assuming no additional delays.  We will continue to keep you updated.

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For over 25 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. We cover the state, with five locations from Sacramento to San Diego.

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About the Editor

Robin Largent has a regular presence in California state and federal courts and has been lead defense counsel and appellate counsel for large and small California employers in litigation (and arbitration) ranging from individual discrimination and harassment claims to complex wage and hour representative and class actions. She also leads the firm’s appellate practice, having substantial experience and success handling appeals, writ petitions, and amicus briefs in both state and federal court on issues such as class certification (particularly in the wage and hour arena), manageability and due process concerns associated with class action trials, exempt/non-exempt misclassification issues, meal and rest break compliance, trade secret/unfair competition matters, and the scope of federal court jurisdiction under the Class Action Fairness Act.
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