CJAC: Civil Justice Association of California

Apr 12, 2012

Statement from CJAC President Kim Stone on Supreme Court’s Brinker Ruling

SACRAMENTO – Kim Stone, President of the Civil Justice Association of California, issued the following statement today in response to the California Supreme Court’s ruling in the case of Brinker Restaurant Corporation v. Superior Court, in which the Court held that employers must make meal and rest breaks available to their employees, but not ensure that their employees take such breaks:

“Employers across California can breathe a huge sigh of relief today. The Supreme Court wisely recognized that forcing an employee to take a break goes well beyond what is reasonable to require of an employer. Running a business is difficult enough without having to worry about making sure your employees are taking their breaks and then facing a lawsuit if certain employees chose not to.

As a mother, it’s hard enough to force my children to sit down and eat their lunch. But as an employer, I certainly cannot force my employees to take a break, sit down and eat their lunch – even if it’s good for them to do so.”

The opinion can be found here.

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