Brinker Alert: California Supreme Court Hears Oral Argument on Meal and Rest Break Case

Today, the California Supreme Court heard oral argument in the long-awaited “meal and rest” case: Brinker Restaurant Corp., et al v. Superior Court.  The main issue in this case is whether an employer is only required to make meal periods available to employees or whether an employer has an affirmative obligation to ensure that meal periods are taken.  The case also revisits the scope of California class action certification law.

On the merits, several justices appeared to be favorably disposed to the employer’s interpretation of California Labor Code section 512, the meal period statute.  That law says:

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