Meal and Rest Breaks in California, Post-BrinkerDecember 30, 2013 – In The News
Jeffrey Polsky was quoted in the Society for Human Resource Management California Newsletter article "Meal and Rest Breaks in California, Post-Brinker." While the full text can be found in the December 30, 2013, issue of the Society for Human Resource Management California Newsletter, a synopsis is noted below.
It’s been nearly 18 months since the California Supreme Court clarified employers’ obligations involving meal and rest breaks for works in Brinker Restaurant Corp. v. Superior Court, but the decision didn’t put an end to lawsuits alleging wage and hour violations.
Several attorneys report seeing fewer class-action filings claiming break violations post-Brinker. Class-action litigation “is not nearly as widespread as it would have been if Brinker had gone the other way,” said Jeffrey Polsky.
According to Polsky, businesses can make a pre-emptive strike against wage and hour claims by having a clear policy that spells out when workers are entitled to breaks and how long those breaks may last. They can also decrease the likelihood of class-action employment claims by having effective arbitration agreements with their workers.