Employers finally have a victory in the employee-dominated battlefield of meal and rest period litigation. On July 22, 2008, a California Appellate Court held in Brinker Restaurant Corp. v. Superior Court that "while employers cannot impede, discourage or dissuade employees from taking meal periods, they need only provide them and not ensure they are taken."
This is a victory for employers and employees. There are times when an employee does not want to take a break. In the restaurant business a waiter could lose tip money when serving a big party. Some commissioned sales people might lose income as well if break times were manditory.
Manditory break times also put a burdon on the employer to enforce breaks throughout the day. Aren't we all adults?
Hopefully this ruling will stand but I have heard it will be apealed. The attorneys make too much money suing businesses on behalf of their clients.
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