Brian Ashe Quoted in The Recorder
"Rest Break Ruling a Plus for Plaintiffs Lawyers"

Seyfarth Shaw San Francisco partner Brian Ashe was quoted in The Recorder on April 30. The article discussed a recent California Supreme Court decision, Kirby v. Immoos Fire Protection, which reversed a ruling that awarded $50,000 in legal fees to an employer who had prevailed on a claim for missed rest breaks.

Supreme Court Judge Goodwin Liu disagreed with the plaintiffs, who argued that missed rest breaks are the same as unpaid minimum wages or overtime, which would bring them under Labor Code in which only plaintiffs can recover fees. He pointed out that the meal break statute does not involve unpaid wages at all.

Brian said, "As a practical matter, defense fees are extremely difficult to get awarded," and even harder to collect, he added.

Brian said that Judge Liu was "very strict in his interpretation of the statute, which is helpful." He noted that Liu was one of the most active questioners at the November arguments in Brinker Restaurant v. Superior Court and suggested Liu may be a justice to watch on employment law issues.