Breaks required—But forcing employees to take them isn’t — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Breaks required—But forcing employees to take them isn’t

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In what may end up being a landmark decision, a California Court of Appeal has held that Golden State employers aren’t required to ensure employees actually take meal and rest breaks. Employers are in the clear as long as they permit breaks and do not prevent or discourage employees from taking them.

In addition, the court said an employer isn’t necessarily legally responsible if employees work off the clock unless the employer knew or should have known that was happening.

That’s a very big deal, as many employers that had no idea employees were working before clocking in or after clocking out have been blindsided by claims they never saw coming.

Recent case: Adam Hohnbaum and several other employees sued Brinker Restaurant Corporation over breaks, meal periods and off-the-clock work. Brinker operates 137 restaurants in California, including Chili’s Grill & Bar, Romano’s Macaroni Grill and Maggiano’s Little Italy e...(register to read more)

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