What are a California employer’s duties on meal and rest breaks? « Law Offices of Timothy Bowles | Top Employment Law Firm in Los Angeles

What are a California employer’s duties on meal and rest breaks?

The California Supreme Court clarified uncertainties on such duties in its 2012 Brinker Restaurant Corp. v. Superior Court decision. Brinker held while employers must authorize and provide the meal and rest periods in the required frequency and duration, management are not the “police,” i.e., supervisors are not obligated to ensure that workers take their breaks or that no work is being performed during them. Best practices include regular documentation of the employer’s provision of such breaks and clear, open procedures for workers to raise complaints and concerns over possible management-created barriers to their taking them. See also, “Required Meal Periods and Rest Breaks Revisited, Off-Duty Time during a California Work Day.”

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