Litigation

Rest and meal break class actions just got tougher in California

By Michael (Sam) Sandmire

While wage and hour class actions continue to be popular, a California court just issued an opinion likely to put at least a slight damper on rest and meal break class actions.  In Brinker Restaurant Corporation v. Hohnbaum (Cal. Ct. App. July 22, 2008), the California Court of Appeal held that the case could not continue on a class-wide basis because the issue of whether the breaks were prohibited by the employer or waived by the employee is by its nature an individual inquiry.  The court further emphasized that an employer, in California, must only make meal periods available to employees.  Employers are not required, at least according to this court, to ensure that employees actually take their meal periods.  While the plaintiffs could show, via computer and statistical evidence, that breaks were not taken or were shortened, they could not show why. 

The Brinker case suggests that in the absence of evidence that an employer has a class-wide policy prohibiting breaks, rest and meal break claims are not conducive to class treatment.  However, the California Supreme Court has yet to chime in on these matters.

Full post as published by Northwest Business Litigation Blog on July 23, 2008 (boomark / email).