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Tag Archives: Brinker

Did You Know…Court of Appeal Applies Brinker To Reverse Denial of Class Certification

Posted in Wage and Hour

On May 10, 2013, the California Court of Appeals in Faulkinbury v. Boyd & Associates reversed its denial of class certification as to meal period and rest period violations in light of the California Supreme Court’s decision in Brinker Restaurant Corp. v. Superior Court.  (Recall, Brinker granted class certification to determine the lawfulness of a uniform… Continue Reading

Did You Know…Prevailing Parties in Meal or Rest Break Actions Are Not Entitled to Attorney Fees

Posted in Court Decisions, Wage and Hour

On the heels of Brinker, the California Supreme Court ruled on April 30, 2012, in Kirby v. Immoos Fire Protection, Inc., that parties prevailing on a claim that Labor Code section 226.7 was violated are not entitled to attorney’s fees.  Section 226.7, subdivision (a) prohibits employers from requiring employees to work during Industrial Welfare Commission (Wage… Continue Reading

Did You Know…The California Supreme Court Has Clarified Meal and Rest Period Obligations

Posted in Class Actions, Court Decisions, Wage and Hour

The California Supreme Court finally issued its long-awaited decision in Brinker Restaurant Corp. v. Superior Court.  In a unanimous opinion, the Court held employers (1) need only provide meal and rest periods, not ensure nor police that they are taken, (2) are not required to provide a meal period every five hours (no rolling meal… Continue Reading