California Labor &
Employment Law Blog

Oct. 27 2008

DLSE Issues New Memo Regarding Supreme Court Review of Brinker

Topics: Wage & Hour Issues

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 ofBrinker. 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.

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For over 20 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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