California Supreme Court Decision Victory for Small Business

image
Created: 16 Apr, 2012
Updated: 13 Oct, 2022
1 min read

NFIB_logo

PRESS RELEASE

Sacramento, CA., April 16, 2012 — In a victory for employers, the California Supreme Court clarified a number of issues relating to an employer's obligations under California Labor Code § 512(a), which states that employers must "provide" meal and rest periods to employees. The court held that an employer must relieve an employee of all duty for a meal period, but is not obligated to ensure that the employee does no work. The lawsuit was filed by five employees of Chili's restaurant chain who claimed the restaurant illegally denied them meal and rest breaks.

In response to the decision, John Kabateck, NFIB/CA Executive Director, applauded the court's common-sense approach, which he said "relieves small employers of the near-impossible task of monitoring all employees during breaks to ensure that no work is performed."

The court also decided that if work does continue, the employer will not be liable for premium pay but will only have to pay for actual time worked if it “knew or reasonably should have known that the worker was working through the authorized meal period.”

Karen Harned,  executive director, National Federation of Independent Business Small Business Legal Center, said that "the court's finding on damages provides an important limitation that will help staunch the number of frivolous wage and hour claims filed by plaintiffs' attorneys."

The case is Brinker Restaurant Group v. Superior Court of San Diego. The NFIB Small Business Legal Center filed an amicus brief in the case.

Latest articles

A judge's gavel.
Super PAC Spending Tops $49 Million in Most Expensive State Judicial Election in History
According to Buying Time 2025 election spending data as of March 26, 2025, more than $81.4 million has been spent on the Wisconsin Supreme Court race between Dane County Circuit Court Judge Susan Crawford and Waukesha County Circuit Court Judge Brad Schimel, making it the most expensive state judicial election in US history. ...
27 Mar, 2025
-
4 min read
Man holding his head sitting at a table.
Landmark Legislation Introduced to Address Mental Health Crisis Among Correctional Officers
On the second anniversary of Federal Correctional Officer Blake Schwarz’s death by suicide, an Iowa congresswoman has reintroduced a significant bill aimed at combating the ongoing mental health crisis among correctional officers....
26 Mar, 2025
-
2 min read
American institutions.
Chuck Todd: When It Comes to Public Mistrust in Institutions, The Parties Just Don't Get It
Last week, the national election reform group Open Primaries held a Zoom conversation with former Meet the Press moderator Chuck Todd to discuss voters' growing mistrust in American institutions. It was part of the group's ongoing Primary Buzz Discussion Series. ...
26 Mar, 2025
-
3 min read