California Court of Appeal Restricts Employee Rights to Recover for Meal and Rest Break and Off-the-Clock Violations

In a case that may have far-reaching and positive implications for both California employers and employees, the California Court of Appeal for the Fourth Appellate District held that (1) employers need not ensure that their employees actually take meal and rest breaks as long as they authorize and permit breaks and do not impede, discourage, or dissuade employees from taking breaks; (2) employers cannot be held liable for their employees working off the clock unless they know or should have known they were doing so; and (3) rest and meal break and off-the-clock claims may not be amenable to class treatment where evidence of individualized practices exists. The decision in Brinker Restaurant Corp. v. San Diego Superior Court held that rest, meal break, and off-the-clock claims typically turn on individualized practices and are not amenable to class treatment. This decision will be final in the absence of an appeal by plaintiffs within 40 days.

For the full story, please view the PDF.