Court Provides Better Meal Deal For California Employers

The California Court of Appeal Holds that “Provide” Means “Make Available”

On July 22, 2008, the California Court of Appeal decided Brinker Restaurant Corp. v. Superior Court. The court reversed a class certification decision and ruled that California employers need not ensure that meal and rest breaks are taken; rather, employers need only make those breaks available. More generally, the court’s decision helps employers by holding that trial courts must, before certifying a class, determine the elements of a cause of action. Here, because an employer need only “make available” meal and rest breaks, individual issues necessarily predominate as to why particular breaks were not taken, making class certification inappropriate. The court also reversed certification of off-the-clock claims, because there was no evidence that the employer knew or should have known that employees were working off the clock.