Meal and Rest Period Q&A

Q: I know the California Court of Appeal recently ruled on an employer's duty to enforce and police its meal and rest period policies. What exactly is the state of California with respect to meal and rest periods for non-exempt employees?

A: Brinker Restaurant Corporation v. Superior Court of San Diego County, the Fourth Appellate District, published July 22, 2008, holds that while employers cannot impede, discourage or dissuade non-exempt employees from taking their 10 minute rest breaks for every 4 hours worked and 30 minute unpaid meal periods for every 5 hours worked, the employer (as was the case before this decision) does not need to ENSURE that the breaks and meal periods are taken. The employer need only "make available" a rest period and meal period within the legal time limits. The employer should have a published policy allowing breaks and meal periods and cannot coerce or actively dissuade employees to not take the same. Employers should continue to actively document on timecards or time clocks that the employee took its breaks and meal periods within the legal time limits.