The Supreme Court Finally Sets the Long Awaited Brinker Decision For Oral Argument

October 2011

Since August 2008, employers have anxiously awaited the California Supreme Court’s decision in Brinker v. Superior Court (Hohnbaum), Case No. S166350, in which the Court will answer the question of whether a California employer is required to ensure that its employees take their mandatory meal periods, or whether an employer must only provide employees an opportunity to take meal periods. This issue has been the source of an enormous amount of litigation, and depending on which way the Court rules, its decision may thwart or act as a catalyst for thousands of lawsuits.

The Supreme Court has set oral argument in the Brinker decision for November 8, 2011. Oral argument typically marks the final substantive step that occurs before the Court makes a decision. Based on a “typical” Court schedule, employers can anticipate a final decision between December 2011 and February 2012.

Please note that the information contained in this newsletter is not intended to provide specific legal advice. You should consult with an attorney and not rely on any information contained herein regarding your specific situation.