In several recent cases in California, courts have applied Brinker Restaurant Corp., et al. v. Superior Court to reverse trial court decisions denying class certification. Brinker is the ground breaking case in California where the California Supreme Court held that employers are only required to provide the opportunity for employees to take 30 minute meal
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Federal Jury Returns Verdict For Tyson Foods In Wage Hour Class Action
By Hunton Andrews Kurth LLP on
Posted in Employment Policies, FLSA/Wage & Hour
A federal court jury returned a unanimous verdict in favor of Tyson Foods today in a Rule 23 class and FLSA collective action, alleging failure to pay overtime under state and federal law. Tyson was represented at trial by Hunton & Williams’ lawyers Michael J. Mueller, Emily Burkhardt Vicente and Evangeline Paschal and local Baird Holm lawyer, Thomas E. Johnson.…
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California Supreme Court Decides Landmark Wage And Hour Class Action Case
By Hunton Andrews Kurth LLP on
Posted in Employment Policies, FLSA/Wage & Hour
Brinker International, one of the world’s leading casual dining restaurant companies, announced yesterday that the California Supreme Court has issued an opinion in Brinker Restaurant Corp. et al. v. The Superior Court for the State of California for the County of San Diego (Hohnbaum). This long-awaited decision, on which Hunton & Williams attorneys…
Oral Argument Set for Brinker v. Superior Court (Hohnbaum)
By Hunton Andrews Kurth LLP on
Posted in FLSA/Wage & Hour
On October 4, 2011, the California Supreme Court announced that it will hear oral argument in Brinker v. Superior Court (Hohnbaum) on Tuesday, November 8, 2011, at 9:00 a.m. in San Francisco. Because the Court’s procedures typically require it to file its written opinion within 90 days of oral argument, employers can reasonably expect a…
Break Time For Nursing Mothers Clarified
The Department of Labor’s Wage and Hour Division recently issued a fact sheet explaining employers’ obligations under the break time requirement for nursing mothers found in the Patient Protection and Affordable Care Act, which amends Section 7 of the Fair Labor Standards Act (“FLSA”).