BRINKER UPDATE:

SUPREME COURT RULING DELAYED

     For more than 3 years, California employers have been anxiously awaiting a ruling from the California Supreme Court that is expected to clarify whether employers must guarantee employees take meal breaks or must only make meal breaks available. The answer to this question can mean millions of dollars to employers who are faced with costly class actions.

     The Supreme Court finally heard oral argument in the case on November 8, 2011, and a decision was expected by early February 2012. However, after the oral argument the Supreme Court granted permission to submit additional briefs on whether the Court's decision should apply retroactively or only for new claims. The additional briefing extends the deadline for the Court to issue its long-awaited decision to April 12, 2012.

     The oral argument before the Supreme Court can be viewed at the following link:

http://www.youtube.com/watch?v=IJBnSaUt0_M 

Sincerely,

Richard S. Rosenberg

Partner

BRG&S, LLP