Wage & Hour: Brinker and Brinkley Briefed

Employment lawyers trying to figure out how to abide by California lunch break laws are on pins and needles waiting for the state Supreme Court's decision in Brinker Restaurant v. Superior Court (Hohnbaum) (2008) 165 C.A.4th 25 and Brinkley v. Public Storage (2008) 167 C.A.4th 1278. The case is fully briefed. Progress can be monitored at http://appellatecases.courtinfo.ca.gov/search/case/mainCaseScreen.cfm?dist=0&doc_id=1898028
On review are holdings that the employer only has to provide meal breaks, and does not have to ensure that they are taken. Another issue that may be decided is when exactly does the break have to occur.

Here's a recap of the law as it stands until the Supremes tell us different: According to California Labor Code Section 512, hourly employees must be given their lunch break before the end of their fifth hour of work if they are going to work longer than six hours. How do we know the break must occur before the end of the fifth hour? The California Department of Labor Standards Enforcement said so. http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm..