After 3 years of waiting, the California Supreme Court has today handed employers a victory. In the anticpated Brinker Restaurant Corp v. Superior Court decision, the court said that employers don't have to ensure workers take scheduled breaks - they just need to provide the time to do so.
This means employers are no longer/not liable if an employee decides to work instead of resting during their breaks.
More from:
Los Angeles Times
Fox News
San Jose Mercury News
Hospitality Labor & Employment Blog
And we'll be adding comments and postings throughout the next few days...
UPDATE #1
For clients of RSJ/Swenson: we are currently reviewing employee handbooks to ensure the appropriate language reflects these changes. Please call or e-mail us if you'd like us to modify your handbook.