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Thursday, June 21, 2012

California Supreme Court Remands Brinker Grant-and-Holds

The California Supreme Court issued grant-and-hold orders in eight cases related to Brinker v. Superior Court (2012) 53 Cal.4th 1004 (discussed here):
Brinkley v. Public Storage (Case No. S168806)
Bradley v. Networkers International LLC (Case No. S171257)
Faulkinbury v. Boyd & Associates (Case No. S184995)
Brookler v. Radioshack Corporation (Case No. S186357)
Hernandez v. Chipotle Mexican Grill (Case No. S188755)
Tien v. Tenet Healthcare (Case No. S191756)
Lamps Plus Overtime Cases (Case No. S194064)
Muldrow v. Surrex (Case No. S200557)
On June 20, 2012, the Court issued orders vacating and remanding each case to its respective Court of Appeal for reconsideration in light of Brinker.  

It will be very interesting to see how the Courts of Appeal handle these cases.  Specifically, will they answer any of the questions that Brinker left open, such as whether employees can certify cases in which they allege that employers with facially compliant meal period policies coerced against the taking of, created incentives to forego, or otherwise encouraged the skipping of meal and rest periods?  Brinker, slip op.  at 36.  

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