Brinker: The Aftermath – Meal & Rest Breaks, Wage & Employment Law in California

May 9, 2012
Bridgeport Continuing Education
Marriott Marquis55 Fourth Street
San Francisco, CA

During this half-day program, a faculty of prominent employment and appellate practitioners review the effects of the Brinker decision on California employers, employees and those who counsel and litigate employment cases in California. The faculty includes participants in the Brinker case and several leading employment litigators. This promises to be the most insightful and timely program on the subject.

8:30 - 9:00 a.m.
Registration & Continental Breakfast

9:00 - 10:00 a.m.
An Overview of the Brinker Decision

  • What it means to “provide” a meal period

  • When must a meal period be taken?

  • Rolling Five Hour Rule” / “Early Lunching Violations

  • Meal Period Waivers

  • Rest Periods: Defining “Major Fraction” of four hours for triggering a rest break

  • Retroactive Application

  • Suitability for class treatment

10:10 - 10:40 a.m.
What, if any, immediate changes do employers need to make?

10:50-11:30 a.m.
Unanswered questions – what remains for the lower courts to hash out and how can businesses plan?

11:30-12:15 p.m.
The Future of Class and Representative Actions to Litigate Meal Period and Rest Break Violations

Questionandanswer session


Tim Long, Orrick
David F. Faustman, Fox Rothschild LLP
Todd Jackson, Lewis Feinberg Lee Renaker & Jackson
Eve Cervantez, Altshuler Berzon