On April 12 the California Supreme Court filed its long-awaited opinion in Brinker Restaurant Corporation v. Superior Court. On the headline "provide v. ensure" issue, the Court adopted the position advocated by Brinker that an employer must provide its non-exempt employees an uninterrupted 30-minute meal period, but does not need to ensure that the employees take them. 

On the related issue of meal period timing, the Court rejected the plaintiffs' "rolling five" argument that employees must be provided a meal period after each consecutive five hours of work and held instead there are no meal period timing requirements beyond an employer's obligation to provide a meal period after no more than five hours of work, a second meal period after no more than ten hours of work, and so on. 

The Court also addressed several compliance and timing issues regarding rest periods, and on the all-important question of whether meal and rest break claims can be litigated class-wide, the Court addressed a number of critically important issues that will guide future trial courts in deciding whether to certify wage and hour lawsuits as class actions or not.

So what must a California employer now do to comply with California's meal and rest break laws?  This program will focus on the nuts and bolts of meal and rest break compliance in light of Brinker and how to successfully navigate this technically dense area of the law.  It will also address Brinker's implications for the future of wage and hour class actions in California - both those already pending and those still-to-be-filed - and also for the handful of cases that have been on hold at the Supreme Court pending the disposition of Brinker.  In particular:

• How does an employer "provide" its non-exempt employees meal periods?
• When in a shift must meal periods be provided?
• What does it mean that an employee must authorize and permit a rest period for each four hours of work "or major fraction"?
• Must a rest period be permitted at any particular time?
• How does an employer best protect itself against meal and rest break claims?
• What is the future of wage and hour class actions in California?  How does Brinker inform an employer's strategy about whether to litigate or settle one of these cases?  What about cases that have been stayed pending the outcome of Brinker?

Register quickly and easily online  to secure your space now. Or, please call 1-800-372-1033 option 6, then sub-menu option 1, and refer to date and title of conference. Lines are open Monday through Friday from 8:30 a.m. to 7:00 p.m. ET, excluding most federal holidays.

Don't miss this opportunity to hear a lively, dynamic presentation. Not only are Webinars an excellent way for you to stay current; with Bloomberg BNA you also get:

• Quality. Count on it. Nothing is canned.
• Objectivity. Bloomberg BNA provides you with the best and most objective information. Unlike other companies, we don't use our Webinars as a forum to sell outside solutions.
• Affordability. Bloomberg BNA Webinars are inexpensive compared to the cost of travel to attend a conference. Plus, you may use a speakerphone and invite as many of your colleagues as you want to listen in-all for the price of a single registration.
• Convenience. No airlines. No travel. No time out of the office.

In addition, you'll receive:

• Personal attention. Once you've registered, send your questions in advance to rbronson@bna.com and they'll be included in the program. You'll also have a chance to ask your questions during the Webinar.
• Follow-up materials. You need no materials upfront to follow along to our live conference. But Bloomberg BNA always issues a follow up e-mail with contact information for our speakers, as well as other materials related to the topic.
• 1.0 CPE or APA RCH credits by attending this Webinar. Find out how.

Bloomberg BNA is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors.  State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.learningmarket.org

Prerequisite: No prerequisites required
Level: Basic

Delivery Method: Group-Internet

Advanced Preparation: None required
Recommended CPE Credit: 1.5

Recordings of the program do not qualify for CPE credits. For more information regarding administrative policies such as complaint and refund, please contact our offices at 800-372-1033.

Karen Kubin, Partner, Morrison & Foerster; Neil D. Perry, Associate, Morrison & Foerster