Thursday, June 7, 2012

Working in a post-Brinker world



One of the most widely-followed labor and employment cases of the last decade finally reached a conclusion a few weeks ago.  In the case of Brinker Restaurant Corporation v. Superior Court of San Diego, the California Supreme Court handed down a landmark decision concerning meal and rest breaks.  Below is a summary of the key points from the Brinker decision. 

Rest Periods
The Court held that employees are entitled to 10 minutes of rest for shifts from three and one-half to six hours in length, 20 minutes of rest for shifts of more than six hours up to 10 hours, and 30 minutes for shifts of more than 10 to 14 hours. 
Regarding the timing of the rest breaks, the Court rejected the suggestion that employers have a “legal duty” under “to permit their employees a rest period before any meal period.”  Instead, the Court found that employers are “subject to a duty to make a good faith effort to authorize and permit rest breaks in the middle of each work period, but may deviate from that preferred course where practical considerations make it infeasible.” 

Meal Periods
Regarding the timing of meal breaks, the Court looked to the language of Labor Code section 512(a), holding that, absent a waiver by the employee, “employees are entitled to a first meal period no later than the end of an employee’s fifth hour of work and a second meal period no later than the end of an employee’s 10th hour of work.” 

There is NO requirement that an employer ensure work is not being performed
The plaintiff in the Brinker case argued that employers were required to “ensure” that work ceases for the 30 minute meal period.  The Court did not agree.  Using Wage Order No. 5 and Labor Code section 512(a) as a guide, the Court held that an employer must “relieve” the employee of work, “but need not ensure that the employee does no work.”  The Court used the following analysis:
“An employer’s duty with respect to meal breaks…is an obligation to provide a meal period to its employees. The employer satisfies this obligation if it relieves its employees of all duty, relinquishes control over their activities and permits them a reasonable opportunity to take an uninterrupted 30-minute break, and does not impede or discourage them from doing so. What will suffice may vary from industry to industry…
On the other hand, the employer is not obligated to police meal breaks and ensure no work thereafter is performed…[R]elief from duty and the relinquishing of control satisfies the employer’s obligations, and work by a relieved employee during a meal break does not…place the employer in violation of its obligations…”

Employers have waited years for this decision.  The Brinker case provides much-needed clarification on an issue relevant to virtually all employers in California.  Employers state-wide can now breathe a small sigh of relief, knowing that they are not required to police meal breaks.  Instead, employers must (1) relieve employees of their duties, (2) relinquish control over employees’ activities, (3) permit employees a reasonable opportunity to take an uninterrupted 30-minute break, and (4) not discourage employees from doing so.