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ASA Publishes Issue Paper on California Meal Break and Rest Period Case

American Staffing Association (05/03/12) Anne Duffy

Last month, the California Supreme Court issued a favorable ruling for employers in Brinker Restaurant Corp. v. Superior Court. The court held that employers must provide their nonexempt employees with 30-minute meal breaks but need not ensure that the employees actually stop working during those breaks.

Other issues addressed in Brinker included the required timing of meal breaks as well as the kind of evidence a plaintiff needs to justify class-action lawsuits for alleged denials of meal breaks, rest breaks, and pay for work completed off the clock.

ASA outside counsel Richard Simmons, Esq., of Sheppard, Mullin, Richter & Hampton LLP, has prepared an issue paper for ASA members discussing the case and analyzing the effect of the ruling on staffing firms.