California Supreme Court Depublishes Three Decisions Interpreting Brinker

Last April, the California Supreme Court resolved long-standing confusion regarding the definition of the word “provide” in Labor Code §512, which requires employers to provide meal breaks to employees who work for more than five hours. In the landmark Brinker decision, the Court clarified that an employer must relieve its employees of all duties during a meal period. The decision was haled as a victory for employers because the Court did not require employers to police meal breaks, but was also looked at as a boon to employees, because employers must go beyond merely maintaining a policy permitting meal breaks.

Since Brinker, several California appellate court cases have interpreted the decision. Recently, however, the Supreme Court depublished three of these decisions. The Court’s depublication of the decisions indicates that the Court wants lower courts to use Brinker as precedent, rather than these appellate court decisions. The Court’s depublication strongly signals that these decisions improperly used an outdated definition of the word “provide,” which fails to take into account that employers must now take affirmative steps to relieve employees of all duties during breaks.

To schedule your free initial consultation, contact us online or call (619) 342-8000 today!

SHARE

COMMENTS & DISCUSSIONS

Related Posts

Class Action Suit Against SDSU

Haeggquist & Eck, LLP Title IX Clients Featured on ESPN for Class Action Suit Against SDSU

Haeggquist & Eck are proud to team up with Bailey Glasser to represent former and current SDSU athletes in their …

Read More
Screenshot_20210825-104602_Gallery

HAE Client “Dr. Nick” Yphantides Highlighted In Media Coverage Of Disability Discrimination Case Against San Diego County

Local and national media outlets covered our client Nick Yphantides’ case against the County of San Diego for disability discrimination, …

Read More
rideshare--driver

California Judge Rules Ballot Initiative Classifying App-Based Drivers As Independent Contractors Is Unconstitutional

Proposition 22, the controversial California ballot measure classifying app-based drivers as independent contractors, hit another roadblock on Friday after a …

Read More
Translate »