California Supreme Court Holds Employers Are Obligated Only To Provide, Not Ensure, Their Employees Take Meal Periods

The California Supreme Court has issued its highly-anticipated opinion in Brinker Restaurant Corp. et al. v. Superior Court (Hohnbaum) (No. S166350), which was argued on behalf of Brinker by Rex Heinke, co-chair of Akin Gump’s Supreme Court and Appellate Practice Group.

Most importantly, the Court held that under California law, employers must only provide their employees with a 30-minute meal period for every five hours they work, not ensure that their employees take a 30-minute meal.

Second, on the early lunch issue, the Court held that an employer must provide a meal break for every five hours of work, but an employer does not have to provide a meal after each five hours of work.

Third, the Court held that a rest break must be provided for each of these periods of work:  3.5 to 6 hours; 6 to 10 hours; and 10 to 14 hours.

Fourth, the Court held that rest breaks do not have to be provided before meal breaks.

Fifth, the Court held that no off-the-clock class could be certified.

The case was remanded to the trial court to decide class certification under the provide standard.

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