In what many would consider to be an employer-friendly decision, more than a decade ago in Brinker Restaurant Corp. v. Superior Court, the California Supreme Court clarified many of the general requirements for meal and rest periods under California law.
But in 2021, the California Supreme Court issued employee-friendly decisions in Donohue v. AMN Services, LLC and Ferra v. Loews Hollywood Hotel, LLC. Since these latter decisions have seemingly spurred an increased number of class and PAGA actions alleging meal and rest period violations, it makes sense to revisit the requirements.
California wage-hour law is governed in large part by 18 different wage orders that apply to different industries and occupations. “The number of wage orders, and their internal variations, reflects the reality that differing aspects of work in differing industries may call for different kinds of regulation,” as the California Supreme Court explained in Mendiola v. CPS Security Solutions, Inc. Indeed, as the Court explained in Brinker, “[w]hat will suffice [for meal and rest breaks] may vary from industry to industry.”
With that in mind, this tip is not a one-size-fits-all guide but instead discusses California’s meal and rest period requirements generally.
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