Friday, August 27, 2010

Second District Reverses Decertification of Meal Period Claim, Siding With Third District’s Cicairos Analysis Pending Ruling in Brinker

On August 26, 2010, the Second District (Division Seven), issued an unpublished opinion regarding meal periods in Brookler v. Radio Shack, siding with the Third District’s opinion in Cicairos v. Summit Logistics, Inc., 133 Cal.App.4th 949 (2005). The opinion reversed a trial court order decertifying a previously certified class based on Brinker. The Court concluded that “[u]nless and until our Supreme Court holds otherwise, we agree with the analysis in Cicairos which held an employer’s obligation under the Labor Code and related wage orders is to do more than simply permit meal breaks in theory; it must also provide them as a practical matter.”

As reflected on the Supreme Court website – still no date set for oral argument (here).

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