Navigating the California Labor Code can leave California businesses feeling like they are walking through a field full of landmines, with stiff penalties and mandatory attorneys’ fees for violations often leading to devastating results. Recently, however, California employers caught a break. In Betancourt v. OS Restaurant Services, LLC, the Second District Court of Appeals ruled… Read More
Posts Tagged With: rest periods
The Prevailing Party on a Labor Code §226.7 Claim for Unpaid Meal and/or Rest Breaks Does Not Get Attorneys’ Fees
The California Supreme Court held that attorneys’ fees are not awardable to the winners in cases involving meal and rest period claims under Labor Code §226.7. In Kirby v. Imoos Fire Protection, Inc., the Court held that a Labor Code §226.7 claim is not a claim for which attorney’s fees can be awarded to a… Read More
California Supreme Court Issues Long-Awaited Brinker Decision Clarifying Employers’ Meal and Rest Break Obligations
On April 12, 2012, a unanimous California Supreme Court ruled in Brinker Restaurant Corp. v. Superior Court that employers are not required to police their employees and ensure that employees actually take their 30-minute meal breaks. The Court also ruled that employers are not required to provide 10-minute rest breaks before meal breaks. The Brinker… Read More
