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California class actions against employers for break time violations will be harder to file and more difficult to prove, according to an August 18th article published by Law360. In two recent cases against Brinker International, Inc., and Safety-Kleen Systems, Inc., California courts ruled on the side of the employers, holding that an employer is only obligated to make meal and rest breaks available, it does not have to ensure that these breaks are taken.
Payne & Fears LLP attorney Leila Narvid described the rulings as a greater shift against rest period class actions, and explained the new measures plaintiffs will have to take to show a history of violations. “If the California Supreme Court does not grant review, it will serve as a significant barrier to class certification in most meal and rest break cases, and we can expect a major decrease in the number of class action lawsuits in this arena,” Narvid told Law360.
