Yesterday, we explained some of the facts of the Brinker case and why the decision is such good news for employers.
The bottom line is that employers in California appear to have dodged a food fight of gargantuan proportions!
The California Supreme Court’s conclusion that employers must merely “provide” the required meal and rest periods, and aren’t obligated under the law to ensure that workers actually take them, means you’re not put in the role of Meal Period Police.
However, while the Brinker decision may seem like a coup, California employers should not, by any means, grow complacent of their wage and hour obligations. California has some of the toughest wage and hour laws in the country.
Over 10 years ago, California became one of a handful of states to impose monetary penalties on employers who violate the state’s labor code as it applies to meal and rest breaks. Employers can be on the hook for one hour of pay for each missed half-hour meal period.
This gives California employees greater protections than under federal law because the Fair Labor Standards Act doesn’t mandate that employers must provide these types of breaks.
Get up to speed on everything you need to know in the new post-Brinker world. Join us this coming Monday, April 16, for an in-depth webinar all about the practical implications of the Brinker decision.
You’ll learn:
- What the California Supreme Court’s breaking decision in Brinker means for you
- Plain-English explanations of the rules relating to meal and rest periods in California – and what you as an employer need to know, and do, to comply
- What it could realistically cost you if your organization doesn’t comply (hint: it’s a steep price!)
- The difference between a penalty and a premium – why the remedy for noncompliance is an important issue that all California employers need to understand
- The answers you need to stay in compliance with meal-and-rest-break obligations, including timing, calculation, and documentation of breaks
- Best practices for “adequately” providing a meal break – your obligations and how to train supervisors and managers to ensure compliance with your policy
- What you should do if an employee habitually works through his or her scheduled breaks
- Recordkeeping tips for tracking meal and rest periods on time sheets and time cards so you’ve got proper documentation for all hours worked
- Common recordkeeping missteps to avoid relating to meal and rest periods
- How to best protect your organization from the additional enforcement issues that remain up in the air
Don’t miss it – register now and reserve your spot!
Download your free copy of
Paying Overtime: 10 Key Exemption Concepts today!
Although it was mainly good news, people need to realize that it wasn’t ALL good news for employers. For example, the court declined to rule that meal period claims are never suitable for class action treatment. And it’s ruling that a 10 minute rest break is due when employees work 3.5 hours was bad news for the Brinker company because it had a formal policy that stated the breaks were only required every four hours. Now it faces a potential class action on that issue.
Although it was mainly good news, people need to realize that it wasn’t ALL good news for employers. For example, the court declined to rule that meal period claims are never suitable for class action treatment. And it’s ruling that a 10 minute rest break is due when employees work 3.5 hours was bad news for the Brinker company because it had a formal policy that stated the breaks were only required every four hours. Now it faces a potential class action on that issue.