Daily Journal Guest Article: Mid-Year Review of Wage and Hour Trends in 2013


The U.S. Supreme Court just finished its term issuing several decisions that seemingly settle significant questions impacting the wage and hour landscape nationwide. Yet, there are no signs of slowdown of wage and hour litigation in the California courts. Here's a snapshot review of five hot-button wage and hour topics.

Survival of the fittest: class-wide meal and rest period claims post-Brinker
Many thought the long-awaited April 2012 state Supreme Court decision in Brinker Restaurant Corp. v. Superior Court, 53 Cal. 4th 1004, which held that employers do not have to police meal breaks and that meal break claims are more suited to individual than common proof, might be the death-knell for meal and rest period class claims. It is true that in several post-Brinker state court decisions, the courts denied certification, but those decisions are largely unpublished. On the other hand, recent opinions suggest the Brinker opinion has actually spawned new theories for pursuing meal and rest break class claims.

Excerpted from the Daily Journal, July 17, 2013. To view full article, click here (subscription required).

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