THE LAW: The California Labor Code obligates employers to provide meal and rest periods toduring the workday. The code prohibits employers from requiring employees “to work during any meal or rest period mandated by an applicable order of the Industrial Welfare Commission.”
Wage Order No. 5 subdivision 12 prescribes rest periods, while subdivision 11 (as well as section 512 of the Labor Code) prescribes meal periods. Employers that violate those requirements must pay premium wages.
WHAT’S NEW: In April, the California Supreme Court finally issued its opinion in Brinker v. Superior Court (S166350, Supreme Court of California, 2012). In a major victory for California employers, the court issued clear rules on how and when employee meal and rest periods must be provided.
In addition, the justices provided additional important comments on the standards trial courts should apply when considering motions ...(register to read more)