Labor/Employment,
California Supreme Court
Mar. 9, 2017
Rest period compliance guidance
Last year, the California Supreme Court held that an employer's discretion to provide employees with on-duty meal periods does not apply to rest periods. The case expands on the high court's landmark Brinker decision.





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

Christina Lincoln
associate
Robins Kaplan LLP
business litigation and catastrophic loss
2049 Century Park E Ste 3400
Los Angeles , CA 90067-3208
Phone: (310) 552-0130
Email: clincoln@robinskaplan.com
UC Berkeley Boalt Hall
Christina Lincoln is an associate at Robins Kaplan LLP where she handles business litigation and catastrophic loss insurance matters. She can be reached at clincoln@robinskaplan.com
Last year, the California Supreme Court held that an employer's discretion to provide employees with on-duty meal periods does not apply to rest periods. Augustus v. ABM Sec. Servs. Inc., 2 Cal. 5th 257 (2016). The Supreme Court had previously outlined an employer's obligation to provide meal periods in Brinker Rest. Corp. v. Superior Court, 53 Cal. 4th 1004, 1017 (2012). Augustus clarifies Brinker by holding that employees cannot be required to be "on c...
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