California Supreme Court
Feb. 10, 2017
Decision gives practical framework for obeying Brinker
A recent California Court of Appeal decision provides employers guidance on how to comply with the state high court's 2012 decision in the landmark meal and rest break case. By David Martinez and Christina Lincoln
David Martinez
Partner and Executive Board Member
Robins Kaplan LLP
Intellectual Property and Business Litigation
2049 Century Park E Ste 3400
Los Angeles , CA 90067
Phone: (310) 552-0130
Fax: (310) 229-5800
Email: dmartinez@robinskaplan.com
Southwestern Univ Law School
David Martinez is a partner at Robins Kaplan LLP where he handles intellectual property, business, antitrust, and class action litigation across a broad range of industries, and co-chairs the firm's Retail Industry Group. He can be reached at dmartinez@robinskaplan.com
Under California law, employers must generally provide employees with unpaid 30 minute meal breaks relieving them of all duties. This obligation is excused, however, when the nature of the job prevents an employee from being relieved of all duties, and the employee agrees in writing to an on-the-job paid meal period. Unless one of these two options is met, the employer must pay the employee an additional h...
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