CHA News Article

Web Seminar to Clarify Landmark Brinker Case Decision

CHA will hold a web seminar April 24 to explain the California Supreme Court’s recent decision in the Brinker Restaurant Corporation v. Superior Court of San Diego County (Hohnbaum) and the resulting impact on hospital operations, policies and procedures. The long-awaited decision brought some clarity to ambiguous meal and rest period laws. Specifically, the court concluded employers have an obligation to make off-duty meal periods available by relieving employees of all duty and relinquishing control; however, employers do not need to police employees to ensure work is not performed. The court also sided with employers regarding the timing of meal periods. Absent a waiver, employers must provide the first meal period no later than the end of employees’ fifth hour of work, and a second meal period no later than the end of the 10th hour of work. Despite these positive developments, the court’s decision contains some disconcerting language regarding the parties’ burdens to certify a class action. The web seminar will provide a full explanation of these issues and additional details on the court’s opinion of rest periods. For more information and to register, go to