California Meal-and-Rest Period Class Actions after State Supreme Court Decision

In a long-awaited ruling, the California Supreme Court held in April 2012 that employers need not ensure that their workers take meal and rest periods required by California law, but only that workers are provided the breaks. One effect of Brinker Restaurant Corp. v. Superior Court, welcomed by many California employers, was to make it harder for plaintiffs to get classes certified. Several meal-and-rest-period cases were returned to the state Courts of Appeal for reconsideration in light of Brinker. Thus far, the courts have affirmed dismissal of claims for meal-and-rest period violations in one case (Muldrow v. Surrex Solutions, Inc., No. D057955 (Cal. Ct. App. Aug. 29, 2012)) and affirmed denial of class action certification for such violations in two cases (Hernandez v. Chipotle Mexican Grill, Inc., B216004 (Cal. Ct. App. Aug. 30, 2012), and Lamps Plus Overtime Cases, No. B220954 (Cal. Ct. App. Sept. 5, 2012)).