San Diego, California Employment Attorney Details the Implications of the Brinker Decision on Workers

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San Diego employment attorney Paul D. Jackson discusses the long-awaited Brinker court decision and how it might affect employees throughout the state.

We want to ensure our clients completely understand the decision and its potential implications on their own jobs. We advise them to contact us if they have any questions.

San Diego employment attorney Paul D. Jackson of the Law Offices of Paul D. Jackson explains the impact of the Brinker decision, urging workers to contact an employment lawyer with any questions or concerns.

"The April 12, 2012 decision by the California Supreme Court, Brinker Restaurant Corporation v. Superior Court [S166350], represents a significant victory for California employers," says Jackson. Also known as “the lunch break lawsuit,” the Brinker suit questioned whether employers must ensure their employees do absolutely no work during their legally mandated lunch breaks, he said.

According to Jackson, after more than three years in the court system, the decision includes the following relevant points:

  • Employers must provide employees with an uninterrupted, 30 minute lunch break, but they are not obligated to stop employees from working during this period.
  • As stated in the decision, the goal of the meal period is only “to relieve the employee of all duty and relinquish any employer control over the employee and how he or she spends the time.”
  • Employers may not pressure employees to skip meal or rest breaks.
  • If an employee voluntarily works through meal or rest breaks, the employer must pay the employee for time worked, but is not required to pay the penalty pay required when employers do not allow breaks.

Attorney Jackson stated, “As employment attorneys, our firm followed this case with interest. We want to ensure our clients completely understand the decision and its potential implications on their own jobs. We advise them to contact us if they have any questions.”

About the Firm

San Diego wage and hour attorney Paul D. Jackson began practicing employment law in 1974. He is admitted to practice in all state and federal courts in this state, as well as in several other federal courts. He is an active member of the California Bar Association, the California Employment Lawyers Association and the National Employment Lawyers Association.

Serving clients from the San Diego County area, the Law Offices of Paul D. Jackson is dedicated to providing legal services in the following practice areas:

  • Employment Laws and Litigation
  • Wage and Hour Issues
  • Wrongful Termination
  • Constructive Termination
  • Discrimination
  • Harassment
  • Accommodation
  • Working Condition Claims

"Employees deserve fair treatment in the workplace," Jackson maintains. The Law Offices of Paul D. Jackson offers legal advice to employees, represents employees in negotiations with their employers, negotiates severance packages and represents clients before government agencies as well as in both state and federal courts.

Founded in 1974, the lawyers at the Law Offices of Paul D. Jackson handle both individual cases and class actions. For more information about the firm, please go to http://www.jacksonlaw.biz/contact-us.html or call (858) 552-4900.

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