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California Decides Meal Break Case

Written by Jamie Simpson, LawServer Attorney-Editor   
Last Updated October 25, 2008

The California Supreme Court has clarified state-mandated meal break requirements, staying a San Diego court's decision that employers are required to provide the breaks but are not responsible for making sure the employee takes them, according to The Reporter. Sixty thousand restaurant employees, along with the California Labor Federation and four state legislators, sought the review after a class certification issue.

The San Diego court ruled that the alleged meal and rest break violations would need to be resolved on an individual basis, thus denying class certification. Brinker Restaurant Corp. was originally sued in 2002 by the Division of Labor Standards Enforcement for violating the meal and rest break standards.

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