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EMPLOYMENT LAW STRATEGIST

February 2010

Class Litigation of Meal and Rest Period Claims

May Meal and Rest Period Claims Be Certified in a Post-Brinker World?

By Matt C. Bailey

In Brinker Restaurant Corp. v. Superior Court, California’s Fourth District Court of Appeal substantively altered the wage and hour landscape through its conclusion that California meal and rest period regulations only impose a passive obligation on employers to make breaks available.

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Banks and Landlords: Competing Lien Interests

Banks that provide financing for commercial tenants and the real estate landlords for those same tenants both want additional security in the tenant's personal property located at the premises. This article provides a discussion of the varied interests of the landlord and the tenant's lender in the tenant's personal property, along with suggested compromise solutions.