California Supreme Court Issues Major Meal and Rest Period Decision This Morning

Today, the California Supreme Court issued a lengthy opinion in its long-awaited “meal and rest break" case, Brinker Restaurant Corp. v. Superior Court. 

Here's a brief summary of the opinion's surprisingly favorable results to employers:

 •           Meal breaks.  Employers must “provide” their non-exempt employees with 30-minute meal breaks in the sense of relieving the employees of all duty, but need not ensure that they actually cease to work during those breaks.

•           Meal break timing.  Meal breaks are properly timed so long as the first break is provided no later than the end of the fifth hour of work, and the second break is provided no later than the end of the tenth hour of work.  (The court rejected the plaintiff’s proposed “rolling five-hour rule,” by which a violation occurs if more than five hours of work occurs without a meal break.)

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