The following is not meant to be legal advice.
In Brinker v. Hohnbaum, the California Court of Appeal issued a ruling reversing an order certifying a class alleging violations of the California Labor Code. The decision was made on
Background facts: The plaintiffs were food service employees who sued Brinker Restaurant Corporation. Brinker Restaurant Corporation is the operator of 137 restaurants in
Among the violations, Plaintiffs alleged meal break violations. The Court of Appeal rejected each claim on meal breaks. An employer needs to provide a 30-minute meal break for any work period that does not exceed ten hours, not once every five consecutive hours of work. However, does the employer merely make available the meal break, or must it ensure that the employee takes the meal break? The court concluded with the ruling in White v. Starbucks, where that court stated employers need only offer breaks, not ensure them.
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