Brian Ashe Quoted in Law360
"Calif. Top Court Mulls Meal Break Standard in Brinker Suit"

Seyfarth Shaw San Francisco partner Brian Ashe was quoted in Law360 on November 8. The article described the California Supreme Court class action case against restaurant chain owner Brinker International Inc.

Filed in 2004, the case is based on the issue of whether state law requires employers to ensure that their employees take meal breaks. According to Brian, who observed the oral argument, "Several justices appeared to be receptive to Brinker's interpretation of California Labor Code Section 512, which says employers have to provide meal periods," not enforce them.

If the court sides with the plaintiffs, Brian said that employers would be "meal police," monitoring that workers take their meal breaks during the middle of their shifts in order to ensure that five consecutive hours of work, or the requirement for another meal period, is not reached.