In its recent decision Brinker vs. Superior Court (2012), the California Supreme Court finally provided clear guidelines on how rest and meal break provisions of the Labor Code and IWC Wage Orders should be interpreted.  This post discusses only rest break laws under the Brinker decision.  

In a long-anticipated decision  Brinker vs. Superior Court (April 2012), the California Supreme Court finally clarified the interpretation of Labor Code section 512 establishing employers’ obligation to provide meal breaks to their employees.

In the past few years, California employers have witnessed a drastic increase in overtime claims brought by former and current employees. Because of the statutory one-way attorney fee provision under Labor Code section1194, these claims are exceedingly expensive to defend and often employers are compelled to settle to avoid exposure.