Meal Break Case Ordered Depublished
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.