Calif high court to decide lunch break lawsuit
SAN FRANCISCO — In a case that could affect thousands of California employers and millions of workers, the state Supreme Court will decide whether managers must order workers to take rest and meal breaks at regular intervals throughout the workday.
The question is whether California labor law requires an employer to simply “provide” meal and rest breaks to employees, or whether it must also “ensure” those breaks are taken at certain times during shifts.
The closely watched case was filed in 2004 by restaurant workers employed by Brinker International, which owns Chili’s and other eateries. The company’s attorneys argue that businesses cannot control workers’ breaks, and that break timing should be left to an employee’s discretion.
The workers’ lawyers counter that by not ordering breaks at regular intervals throughout the workday, employers are taking advantage of employees who don’t want to leave colleagues during busy times.
Joan Fife, a San Francisco labor lawyer who represents employers, said uncertainty over the law’s requirements have already led many California businesses to implement internal policies designed to make certain that employees take their breaks.
