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Letter to Leaders & Swenson Insights

Brinker Announced – Major Employer Victory

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…


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.

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