California Supreme Court Rules for Brinker Restaurant Corp. in Landmark Case

In April 2012, the  California Supreme Court issued its long-awaited opinion in Brinker Restaurant Corp. et al. v. Superior Court (Hohnbaum), deciding in favor of the firm’s client, Brinker Restaurant Corp. This closely watched class action centered on employee meal and rest breaks, with the court deciding that employers only have to provide meal periods to workers, not ensure employees actually take them.  The court also decided that meal breaks do not have to be given every five hours, that they can precede any rest breaks and that an off-the-clock class should not have been certified, as well as how often rest breaks must be given.

Brinker was widely seen by the California as well as national business and legal communities as the most important decision the Court would make in 2012, given its enormous impact on virtually all California employers and employees. 

This decision significantly reduced the number of wage and hour lawsuits that can be successfully pursued by employees, the dollar value of which is many billions of dollars. There were 26 amicus briefs in the case, indicating the widespread interest in it. The California Supreme Court granted review in nine related cases and held them pending the outcome of Brinker.  There are hundreds of these cases pending in California.