California Labor &
Employment Law Blog
Dec 10, 2008

Petition for Review Filed in Brinkley

Topics: Court Decisions, Wage & Hour Issues

As anticipated, a petition for review before the California Supreme Court was filed last week in Brinkley v. Public Storage, the most recent published decision by a California State court holding that an employer need only make meal periods available to employees, not ensure that the meal periods are actually taken. The California Supreme Court has 60 days to decide whether or not to grant review. In light of the Court's recent grant of review in Brinker v. Hohnbaum, involving the same issue, it is anticipated that the Court will grant review of Brinkleybut issue a hold order delaying briefing pending resolution of the Brinker case. If the Court grants review, Brinkley will no longer be citable precedent pending review.

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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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