The California Supreme Court has granted a petition for review in another class action involving the issue of whether California employers are required to ensure that employees take their meal periods and rest breaks.
In Hernandez v. Chipotle Mexican Grill, the Court of Appeal affirmed a trial court decision that employers need only provide meal periods and rest breaks but are not required to ensure that employees actually take them. The Court of Appeal reasoned that requiring employers to ensure meals and breaks is not practical, it would place an undue burden on employers, and it would create perverse incentives for employees to violate company meal and rest periods rules in order to receive extra compensation.
The Supreme Court of California granted the employee’s petition for review, but deferred the matter until it issues its long-anticipated decisions in Brinker Restaurant Corporation v. Superior Court (Hohnbaum) and Brinkley v. Public Storage, Inc., which involve the same issue.
Print This Page