Tag Archives: 226.7

California Supreme Court Rules Plaintiffs’ Attorney Cannot Recover Fees Under Labor Code Fee Shifting Provision in California Meal and Rest Lawsuits

California’s Supreme Court has again spoken on meal and rest period litigation, this time holding neither employers nor employees may recover their attorney’s fees in cases requiring employers to provide meal breaks and rest breaks. In the wake of its highly publicized Brinker Restaurant Corporation decision, where the Supreme Court ruled California law requires employers to … Continue Reading

Clarity to California’s “Meal and Rest” Requirement Coming In 2012

As noted by our colleagues at http://www.californiaworkplacelawblog.com/, California’s highest court has scheduled oral argument in the Brinker Restaurant Corporation litigation, addressing the state’s meal and rest requirement, for November 8, 2011.  By rule, the Court must issue its decision within 90 days of oral argument, or, by February 6, 2012.  The decision should provide long-awaited … Continue Reading

California Meal and Rest Period Compliance: Where Are We Now?

As every California employer knows, wage and hour class actions in California are never-ending.  One basis for many of these class actions has been employers’ alleged non-compliance with California meal and rest period requirements.  As to meal periods, the two overriding issues have been whether an employer is required to ensure non-exempt employees take their meal … Continue Reading
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