Class actions alleging that employers’ meal-break policies violate California law have long been a favorite of the plaintiffs’ bar. Earlier this year, however, the California Supreme Court handed employers a victory in Brinker Restaurant Corp v. Superior Court, 53 Cal. 4th 1004 (Cal. 2012), holding that the obligation under the California Labor Code to provide employees with meal periods does not require the employer to affirmatively “ensure” that meal periods are actually taken. In other words, an employer satisfactorily “provides” meal breaks if it relieves employees of their duties, relinquishes control over their activities, and permits them a reasonable
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