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Tag Archives: rest break

Supreme Court Decides Brinker–Employers Must Merely Provide Breaks

By: Sam G. Sherman, Esq. The California Supreme Court decided Brinker Restaurant Corp. v. Sup. Ct. today. Of course, employers throughout the state have been watching this case closely and waiting to see whether the Supreme Court would require employers to “ensure” employees take meal breaks, or merely “provide” employees with those breaks. Ultimately, the Court decided the following: Employers are obligated to afford hourly employees meal and rest periods and to relieve employees of all duties during those meal and rest periods. However, the employer must not “ensure” an employee actually takes a break or that the employee performs.... Read More >


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