Wednesday, July 20, 2011

California Supreme Court Grants Review in In Re Lamps Plus Overtime Cases

On July 20, 2011, the California Supreme Court granted review of the Second District (Division 8) opinion upholding denial of certification of meal break claims in In Re Lamps Plus Overtime Cases, 195 Cal. App. 4th 389 (2011). This comes on the heels of the Court taking the same action with regard Division 8’s identical opinions in Hernandez v. Chipotle Mexican Grill, Inc., Case No. S188755, and Tien v. Tenet Healthcare, Case No. S191756.

Per the Court's website, briefing in Lamps Plus is stayed pending the Court’s decision in Brinker:
The petition for review is granted. Further action is this matter is deferred pending consideration and disposition of a related issue in Brinker Restaurant v. Superior Court, S166350 (see Cal. rules of Court, rule 8.524 (c)), or pending further order of the court. Submission of additional briefing, pursuant to California Rules of Court, rule 8.528, is deferred pending further order of the court. Votes: Cantil-Sakauye, C.J., Kennard, Baxter, Werdegar, Chin, Corrigan, JJ.

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