Still No Date for Brinker Meal Period & Class Action Decision from Cal. Supreme Court

California Supreme Court by Eric Chan, Flickr CCBrinker Restaurant Corp v. Superior Ct (Supreme Ct. # S 166350) is the case you may have heard about which will decide whether meal breaks are mandatory or permissive (i.e. whether an employee must or may take them) and whether meal period claims may be brought as class actions or must be decided on a case by case per employee basis. Continue reading


DLSE Wage Compliance Audits

My office has seen an increase in Division of Labor Standards Enforcement (DLSE – a div. of the Labor Com.) audits as well as private lawsuits for wage and hour violations.  There are still a surprisingly high number of established businesses who are dangerously vulnerable to wage and hour claims.  The problem with these claims is that they are extremely amenable to class action claims.  In other words, if the business is out of compliance with one employee, it is probably out of compliance with all its employees.  Thus, their attorney either makes claims on behalf all the employees or threatens a class claim in order to get a higher settlement. Continue reading