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Brinker Restaurant Corp. v. Super. Ct. - Stanford University

https://scocal.stanford.edu/opinion/brinker-restaurant-corp-v-super-ct-34063

The operative complaint alleged that defendants failed to provide employees meal and rest breaks. The trial court granted class certification, finding that common issues predominated …


Brinker Restaurant Corp. v. Superior Court (Adam …

https://casetext.com/case/brinker-restaurant-corp-v-superior-court

Specifically, Brinker requested a writ directing the trial court to "vacate its earlier order holding that: (1) a non-exempt employee is entitled to a meal period for each five-hour …


Brinker: California Supreme Court Clarifies Meal And Rest …

https://www.californiaemploymentlawreport.com/2012/04/brinker-california-supreme-court-clarifies-meal-and-rest-break-requirements/

Brinker Restaurant Corp. v. Superior Court (Hohnbaum) was finally decided by the California Supreme Court. The decision was anxiously awaited by many due to its clarifications …


Brinker Restaurant Corp. v. Super. Ct. of San Diego Cty

https://law.justia.com/cases/california/supreme-court/2012/s166350.html

Brinker Restaurant Corp. v. Super. Ct. of San Diego Cty Annotate this Case Justia Opinion Summary This case stemmed from the DLSE's investigation into whether Brinker was …


Brinker Restaurant Corp. v. Superior Court, 273 P.3d 513 (2012): …

https://www.quimbee.com/cases/brinker-restaurant-corp-v-superior-court

Brinker also had a policy of allowing breaks only for every four hours worked. The trial court certified a class to adjudicate common questions regarding the meal and rest periods. The …


Brinker Rest. Corp. v. Superior Court of San Diego Cnty.

https://casetext.com/case/brinker-rest-corp-v-superior-court-of-san-diego-cnty

in the course of litigation, two distinct theories underlying the meal break claim have emerged: (1) brinker provided employees fewer meal periods than required by section …


California Supreme Court Rules on Employer Meal and …

https://www.courts.ca.gov/17489.htm

After the Brinker trial court certified classes of employees alleging the Brinker Restaurant Corporation had failed to provide meal and rest periods in the number and at the …


California Meal Break & Rest Break Law - California …

https://www.calchamber.com/california-labor-law/meal-and-rest-breaks

Brinker Meal and Rest Case Decided In 2012, the California Supreme Court decided an important meal and rest break case, Brinker Restaurant Corp. v. Superior Court. The question of whether …


Clarification on Breaks and Meals: Brinker - PKNW

https://pknwlaw.com/newsletters/2012/q3/clarification-on-breaks-and-meals-brinker/

Clarification on Breaks and Meals: Brinker On April 12, 2012, the California Supreme Court issued its much anticipated decision in Brinker Restaurant Corp. v. Superior …


California Supreme Court Issues Major Victory For …

https://ogletree.com/insights/california-supreme-court-issues-major-victory-for-employers-in-brinker-case/

The Superior Court of San Diego County, No. S166350, California Supreme Court (April 12, 2012). Ogletree Deakins will be conducting a webinar to discuss the Brinker decision …


Brinker and Beyond—A Simple Guide to Meal and Rest Period

https://www.dykema.com/news-insights/brinker-and-beyond-a-simple-guide-to-meal-and-rest-period-obligations.html

The long-awaited California Supreme Court decision in Brinker Restaurant Corporation v.Superior Court, Case No. S166350 (April 12, 2012) clarifies several issues …


Brinker decision clarifies California law on meal and rest breaks

https://workplacelegalpc.com/california-supreme-court-issues-long-awaited-brinker-decision-clarifying-employers-meal-and-rest-break-obligations/

On April 12, 2012, a unanimous California Supreme Court ruled in Brinker Restaurant Corp. v. Superior Court that employers are not required to police their employees …


Have Your Meal and Time to Eat it, Too - Summary of California …

https://www.jacksonlewis.com/publication/have-your-meal-and-time-eat-it-too-summary-california-law-meal-and-rest-breaks-post-brinker

This Special Report provides a general summary of California’s requirements regarding rest breaks, meal periods and lactation accommodation breaks pursuant to the Labor Code, most …


Brinker: Meal and Rest Periods Clarified, But… - Buchalter Law Firm

https://www.buchalter.com/publication/brinker-meal-and-rest-periods-clarified-but/

On April 12, 2012, the California Supreme Court issued its long-awaited decision in Brinker Restaurant v. Superior Court. The unanimous decision provides welcome relief to employers …


BRINKER REDUX: California Superior Court Certifies Meal Break …

https://www.littler.com/publication-press/publication/brinker-redux-california-superior-court-certifies-meal-break-class-0

After the tortuous appellate process that finally resulted in the seminal California Supreme Court Brinker Restaurant Corporation1 decision defining the legal duty to provide a …


The Brinker Case – The Meal Period Obligation — Gianelli | Nielsen

https://www.gianelli-law.com/blog/2015/11/02/the-brinker-case-the-meal-period-obligation

After three years of waiting, the California Supreme Court has finally rendered their decision in the case of Brinker Restaurant Corporation v.Superior Court. This has been a …


California Supreme Court to Review the Brinker Meal And Rest …

https://www.ebglaw.com/insights/california-supreme-court-to-review-the-brinker-meal-and-rest-break-class-action/

California Supreme Court to Review the Brinker Meal And Rest Break Class Action As many commentators had expected, on October 22, 2008, the California Supreme Court …


Brinker Decision Impacts Meal and Rest Break Policies

https://donahue.com/resources/publications/brinker-decision-impacts-meal-rest-break-policies-2/

On April 12, 2012, the California Supreme Court issued its long-awaited decision in Brinker Restaurant Corp. v. Super. Ct., Case No. S166350, addressing issues of critical importance …


An Employers Guide to the Supreme Courts Ruling in Brinker

https://www.reickerpfau.com/an-employers-guide-to-the-supreme-courts-ruling-in-brinker/

After nearly four years of anxious anticipation on the part of employers across California, the California Supreme Court issued its ruling in Brinker Restaurant Corp. v. …


Brinker decision provides guidance on employer’s duty to provide …

https://www.dlapiper.com/en/us/insights/publications/2012/04/ibrinkeri-decision-provides-guidance-on-employer__/

Yesterday the California Supreme Court issued its long-awaited decision in Brinker Restaurant Corp v. Superior Court, Case No. S166350 (April 12, 2012). The decision is very …


Supreme Court Issues Long-Awaited Ruling In Brinker Meal And …

https://www.calpublicagencylaboremploymentblog.com/wage-and-hour-2/supreme-court-issues-long-awaited-ruling-in-brinker-meal-and-rest-period-case/

The California Supreme Court issued its decision in Brinker Restaurant Corporation v.Superior Court regarding an employer’s obligations under state law to provide …


California Supreme Court Issues Significant Meal Period Decision

https://ogletree.com/insights/california-supreme-court-issues-significant-meal-period-decision/

Rebuttable Presumption of Liability Based on Meal Period Records. In its 2012 Brinker Restaurant Corp. v. Superior Court decision, the supreme court held that an “employer …


California Supreme Court Clarifies Employer Meal & Rest Period …

https://www.littler.com/publication-press/publication/california-supreme-court-clarifies-employer-meal-rest-period-duties

After three years, the California Supreme Court has finally issued its much-anticipated decision regarding how employers must manage meal periods and rest breaks. On …


California Supreme Court Issues Decision on Meal and Rest Breaks

https://www.perkinscoie.com/en/news-insights/california-supreme-court-issues-decision-on-meal-and-rest-breaks.html

California Supreme Court Issues Decision on Meal and Rest Breaks 04.12.2012 | Updates The California Supreme Court has issued its much anticipated decision on meal and …


California Court Of Appeal Twice Confirms Difficulty In Certifying …

https://www.seyfarth.com/news-insights/california-court-of-appeal-twice-confirms-difficulty-in-certifying-meal-and-rest-break-claims-post-brinker.html

In April, the California Supreme Court issued its decision in Brinker Restaurant Corp. v. Superior Court of San Diego, which clarified standards for certifying a class in a claim …


Brinker: California Supreme Court Clarifies Standards for Meal …

https://www.jdsupra.com/legalnews/brinker-california-supreme-court-clarif-41958/

Background Of The Brinker Case. By way of background, the case was originally filed in 2004 as Hohnbaum v. Brinker Restaurant Corp. The lawsuit was filed by five non …


When Do Employers Have To Offer Meal And Rest Breaks?

https://www.californiaemploymentlawreport.com/2012/04/when-do-employers-have-to-offer-meal-and-rest-breaks-analysis-of-brinker-corp-v-superior-court/

The California Supreme Court made clear in Brinker that employers need to give an employee their first meal break “no later than the end of an employee’s fifth hour of work, and a …


Brinker Decision by California Supreme Court Clarifies Meal and …

https://www.jdsupra.com/legalnews/brinker-decision-by-california-supreme-c-55813/

Yesterday morning, the California Supreme Court issued its long awaited decision in the case Brinker v. Superior Court (Hohnbaum), S166350. The Brinker decision involved a …


The Brinker Case: Employers Receive Clarification on Meal and …

https://www.sanjosebusinesslawyersblog.com/as-a-business-litigation-attorney/

The California Supreme Court very recently provided much needed clarification on this important employment law issue in the case of Brinker Restaurant Corporation v. Superior …


Brinker: California Supreme Court Clarifies Standards for Meal …

https://www.allenmatkins.com/real-ideas/brinker-california-supreme-court-clarifies-standards-for-meal-periods-steps-employers-should-take-now.html

Meal and rest period claims can be suitable for class action adjudication where the employer has a uniform policy or practice which is in conflict with meal and rest period …


California Supreme Court: Meal and Rest Period Premiums Are …

https://www.hklaw.com/en/insights/publications/2022/05/california-supreme-court-meal-and-rest-period-premiums

The employer's obligation, under Brinker Restaurant Corp. v. Superior Court, 53 Cal. 4th 1004 (2012), is to authorize and permit the meal or rest period, not police that it is …


Significant California Supreme Court Decision In Brinker …

https://www.mondaq.com/unitedstates/employee-rights-labour-relations/174860/significant-california-supreme-court-decision-in-brinker-restaurant-corp-v-superior-court-concerning-meal-and-rest-periods

United States: Significant California Supreme Court Decision In Brinker Restaurant Corp. V. Superior Court Concerning Meal And Rest Periods 26 April 2012 by Linda Auerbach …


Meal and rest break compliance in the post-Brinker era

https://www.lexology.com/library/detail.aspx?g=05122abc-3c4d-445c-9def-7b0f8db6ff63

In Brinker Restaurant Corporation v. Superior Court,1 the California Supreme Court settled the question of the nature of an employer’s duty to provide meal periods to its …


Tried and True Lessons from 2021 on Meal and Rest Break Best …

https://www.employmentlawspotlight.com/2022/01/tried-and-true-lessons-from-2021-on-meal-and-rest-break-best-practices-for-california-employers/

Donohue reaffirmed the holding of Brinker Restaurant Corporation v. Superior Court of San Diego County that employers need only provide meal breaks rather than ensure …


Five Months Post-Brinker: Courts' Application of the Seminal …

https://www.paynefears.com/insights/five-months-post-brinker-courts-application-seminal-decision

On April 12, 2012, the California Supreme Court in Brinker Restaurant Corp. v. Superior Court issued a critical decision regarding break and off-the-clock claims and the standards governing …


BRINKER CALIFORNIA’S MEAL BREAK BREAKTHROUGH

https://tbowleslaw.com/brinker-californias-meal-break-breakthrough/

In its widely reported Brinker Restaurant Corp. v. Superior Court (Hohnbaum) decision (April 12, 2012), the California Supreme Court unanimously concluded that requiring an employer to …


Brinker Alert: California Supreme Court Hears Oral Argument on …

https://www.wagehourlitigation.com/2011/11/brinker-alert-california-supreme-court-hears-oral-argument-on-meal-and-rest-break-case/

Authored by Brian Ashe and Laura Reathaford. Today, the California Supreme Court heard oral argument in the long-awaited “meal and rest” case: Brinker Restaurant Corp., …


California Supreme Court Hands Down Long-Anticipated Wage …

https://www.gibsondunn.com/california-supreme-court-hands-down-long-anticipated-wage-and-hour-class-action-decision-in-brinker-v-superior-court/

April 13, 2012. On April 12, 2012, the California Supreme Court issued a much-anticipated decision in Brinker Restaurant Corporation v.Superior Court, No. S166350, holding …


Meal and Rest Breaks Decision Is Finally In - Silvers HR

https://www.silvershr.com/articles/newsletters/spring-2012-newsletters/meal-and-rest-breaks-decision-is-finally-in/

The Brinker Restaurant Corp v Superior Court case regarding the timing and requirements around meal and rest breaks for non-exempt employees has been in the courts …


The Battle After Brinker - California Peculiarities Employment Law …

https://www.calpeculiarities.com/category/the-battle-after-brinker/

The California Supreme court finally handed down some rules in 2012, in Brinker Restaurant Corp. v. Superior Court, 53 Cal. 4th 1004: An employer may not employ a person for more than …


Brinker Restaurant Corp. v. Superior Court, 273 P.3d 513, 139 Cal.

https://www.courtlistener.com/opinion/844210/brinker-restaurant-corp-v-superior-court/?c=d&o=a&page=2

in the *1019 course of litigation, two distinct theories underlying the meal break claim have emerged: (1) brinker provided employees fewer meal periods than required by …


Brinker Restaurant Corporation v. Superior Ct.: The Takeaway on …

https://www.natlawreview.com/article/brinker-restaurant-corporation-v-superior-ct-takeaway-meal-and-rest-period-rules-and

April 12, 2012, the California Supreme Court issued its ruling in Brinker Restaurant Corporation v. Superior Ct. (Hohnbaum), No. S166350. The ruling ends the wait endured by …


California Supreme Court Grants Review of Brinker Restaurant ...

https://www.martindale.com/legal-news/article_holland-knight-llp_560158.htm

In our recent newsletter, we reported that on July 22, 2008, the Court of Appeal of California, Fourth Appellate District, ruled that California statutes require California employers …


Brinker Decision by California Supreme Court Clarifies Meal and …

https://www.landeggeresq.com/brinker-decision-by-california-supreme-court-clarifies-meal-and-rest-period-obligations/

Dear Clients and Friends: Yesterday morning, the California Supreme Court issued its long awaited decision in the case Brinker v.Superior Court (Hohnbaum), S166350. The …


Court Confirms Brinker Meal Period Standard and Plaintiff’s …

https://aghwlaw.com/court-confirms-brinker-meal-period-standard-and-plaintiffs-higher-burden-of-proof/

After years of wrangling and litigation, an employer’s meal period obligation under California Labor Code section 226.7 was clarified in the landmark California Supreme Court …


Video: Supreme Court Arguments in Brinker Case

https://www.courts.ca.gov/15811.htm

San Francisco – A video of the California Supreme Court’s oral arguments in Brinker Restaurant Corp. et al. v. Superior Court of San Diego, S166350, is now available on …


Brinker Restaurant Corporation v. Superior Court (Hohnbaum)

https://www.law.com/therecorder/almID/1202423180397/

The Recorder provides legal news and analysis that helps lawyers run their firms and practices and navigate the innovation economy in Northern California with an emphasis on …


In Retrospect: Brinker V. Superior Court - Law360

https://www.law360.com/articles/623212/in-retrospect-brinker-v-superior-court

Three years after the much-anticipated California Supreme Court opinion in Brinker Restaurant Corp. v. Superior Court, employers are still grappling with how it affects employers’ …


Duane Morris LLP - California Supreme Court Rules in Brinker That ...

https://www.duanemorris.com/alerts/CA_Supreme_Court_Rules_in_Brinker_4419.html

In one of the most significant wage and hour cases of our time, and an apparent victory for California employers, today the California Supreme Court issued its long-awaited …

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