Halloween Scare: Recent Court of Appeal Decision on Meal and Rest Breaks Begs the Question – Was Brinker a Trick or a Treat?

When the California Supreme Court issued its landmark decision in Brinker last year, employers were excited about the apparent legal clarity it offered in the area of meal and rest breaks.  We finally had our explanation of what an employer must do to “authorize and permit” meal and rest breaks, as Brinker succinctly declared:  “an employer is obligated only to ‘make available’ meal [and rest] break periods, with no responsibility for whether they are [actually] taken. [But] the employer is not obligated to police meal [and rest] breaks and ensure no work thereafter is performed.” 

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