UPDATED: Dallas-based Brinker gets favorable ruling from court on trial regarding meal breaks

by PegNews wire

A California Court of Appeal has issued an opinion in Brinker Restaurant Corp. v. Superior Court of San Diego County which included rulings favorable to the company related to meal and rest breaks.

In its opinion, the Court found that Brinker had the obligation to "make available" meal and rest breaks to its employees, but did not have the obligation to "ensure" that they were taken. In doing so, the Court ruled that the case cannot proceed as a class action.

"We are pleased that the Court of Appeal ruled that the trial court should not have certified a class in this case, and agrees with Brinker's understanding of the legal standards for providing meal and rest breaks," stated Roger Thomson, Executive Vice President and General Counsel of Brinker International. "We look forward to the case's return to the trial court for action on the remaining individual issues."

UPDATE: The Supreme Court of California granted review of the state Court of Appeal decision in Brinker Restaurant Corp. v. Superior Court of San Diego County. This past July, the Court of Appeal issued an opinion which included the ruling that Brinker had the obligation to "make available" meal and rest breaks to its employees, but did not have the obligation to "ensure" they were taken.

"The issues underlying this case are important to both the employees and businesses of California and review by the state Supreme Court presents a good opportunity to provide clarity and direction to these matters. We believe the Court of Appeal was correct in their ruling and look forward to advocating to the Supreme Court that their decision be upheld," stated Susan Sandidge, vice president and assistant general counsel of Brinker International.

Source: Brinker