California Labor &
Employment Law Blog
Feb 1, 2011

Meal Break Case Ordered Depublished

Topics: Court Decisions, Wage & Hour Issues

On October 30, 2010, we posted on the newly published case, Hernandez v. Chipotle, holding that employers need not ensure employees take meal breaks so long as they are provided an opportunity to take the breaks. The California Supreme Court has now granted review of the Chipotle case and ordered it depublished, pending the Court's long-awaited decision in Brinker v. Hohnbaum. In Brinker, the California Supreme Court is expected to decide whether California law requires employers to ensure non-exempt employees take a full 30 minute lunch break and are liable even if employees voluntarily choose to skip such breaks, or whether employers are simply required to provide employees the opportunity to take such breaks. Although the Brinker case has been fully briefed and before the Court for months, it is not yet set for oral argument. As such, a decision is not expected until at least Summer 2011. We will continue to post developments on this important topic.

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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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