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EMPLOYMENT LAW & STRATEGY

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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