Brinker Restaurant Corporation faced with class-action lawsuit
A long-raging dispute between Brinker Restaurant Corporation and five California employees was extended last week, as the California Supreme Court ruled to allow the employees to continue the case as a class-action lawsuit.
In 2004, the Chili's restaurant workers filed a lawsuit against Brinker International, the restaurant's parent company, claiming they were illegally denied meal breaks for every five hours worked, as required by California.
State law also necessitates that workers who are not provided with a 30-minute rest period for every five hours worked are entitled to an hour of premium pay.
In the first round of the case, the appellate court decided that workers themselves, not employers, are responsible for ensuring breaks are taken. The court determined that due to the large variety of circumstances in different restaurants, the case could not continue on a class-wide basis.
Last week, the California Supreme Court overturned the initial ruling, stating that given the evidence of a common meal break policy affecting all employees, a reevaluation of the rest period policy could indeed be certified as a class-action lawsuit.
While there is no legal requirement that employers maintain records of break periods, employers should consider doing so anyway. Since time and attendance software can be used to register paid breaks, employers should be advised to keep their own records to assure they will not face future liability.
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