Tag: California Supreme Court

Brinker and Brinkley: The Saga Continues

In the January issue of California Employer Advisor, we reported on Brinkley v. Public Storage, Inc., which held that employers are required merely to provide employees with meal and rest periods, not ensure that employees actually take them (CEA online subscribers can read more on the case here).

Court Gives Employee Extra Time to File Bias Charge

When an employee with a discrimination beef voluntarily pursues an internal administrative remedy—such as a grievance or complaint procedure—prior to filing a discrimination complaint under the California Fair Employment and Housing Act (FEHA), does that extend the time the employee has to file a FEHA charge? The California Supreme Court, in a new case, says […]

California Supreme Court Will Review Brinker Meal and Rest Period Case; 4 Tips to Avoid Problems in the Meantime

The California Supreme Court has granted review of the recent Brinker Restaurant Corp. decision. In that case, a California appeals court ruled, among other things, that an employer’s obligation to “provide” meal and rest breaks means that the employer must make the break available and not impede, discourage, or dissuade employees from taking it. Employers, […]

Legislation Update: Few New Laws for California Employers; What the Governor Signed and Vetoed

The California legislative session is now over, and while many workplace-related bills were approved by the state Senate and Assembly, Gov. Schwarzenegger vetoed all but a handful of them. In fact, the governor vetoed 35 percent—a record—of all bills sent to him, following the historic 85-day delay in passing a state budget and the governor’s […]

Will the Brinker Meal and Rest Breaks Decision Stand?

Most California employers know by now that a California appeals court recently issued an important decision in Brinker Restaurant Corp. v. Superior Court, interpreting the state’s meal and rest period requirements and giving employers and employees welcome flexibility in scheduling breaks. (See our complete coverage here.)

DSLE Manual Quickly Updated to Reflect Brinker

Just days after a California appeals court issued the Brinker Restaurant Corp. ruling on meal and rest periods (see our story on the new case on p. 1), the California Division of Labor Standards Enforcement (DLSE) updated its Enforcement Policies and Interpretations Manual to reflect the new legal interpretations the court provided. It remains to […]

Same-Sex Marriage Rulings May Affect Employers in Other States

(Update May 26, 2009 – California Supreme Court rules that same-sex marriage ban — Proposition 8 — passed by voters in November 2008 is legal but 18,000 same-sex marriages performed before the ban was approved are valid.) A recent decision by the California Supreme Court on same-sex marriage may have implications for employers in other […]

Stock Forfeiture Case Now Before Supreme Court

In the March 2008 issue of CWHA, we reported that a California appeals court upheld an employee stock purchase plan that provided for the forfeiture of stock if the employee terminated before two years from the date the stock was acquired. Even though the stock was bought using employee compensation, the appeals court ruled that […]