Calif. Justices to Weigh Break Issue Left Open by Brinker
Jun.02.2015 — Law360
Orange County-based Labor & Employment Group partner, Mark A. Romeo, speaks with Law360 about the California Supreme Court's decision to hear the class action brought by ABM Industries Inc. security guards who claim they were illegally forced to be on call during their breaks. The case is significant because it gives the court an opportunity to address an issue that was left unresolved in its high-profile Brinker decision. "In large part, Brinker held employers are not obligated to police meal breaks to ensure no work is done, and if the court [in the ABM case] upholds that on-call rest breaks are permitted, it would be another ruling in favor of employers and would go a long way toward eliminating another potential type of claim," Romeo said.