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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