Comments on: Brinker Restr. Corp. v. Hohnbaum (4th Dist. No. D049331): Unpublished http://stormsemploymentlaw.com/brinker-restr-corp-v-hohnbaum-4th-dist-no-d049331-unpublished/ The First Blog Dedicated To California Employment Law. Since 2004. Fri, 21 Aug 2009 16:42:12 +0000 hourly 1 http://wordpress.org/?v=3.3.2 By: kent http://stormsemploymentlaw.com/brinker-restr-corp-v-hohnbaum-4th-dist-no-d049331-unpublished/#comment-26 kent Mon, 15 Oct 2007 16:46:30 +0000 http://stormsemploymentlaw.com/?p=327#comment-26 i thought the court's rejection of the five-hour "block of time" before a meal break rule, in favor of the one meal break per five-hours-in-a-day rule was significant. a former Labor Commissioner took the view it was illegal to have employees work longer than a five-hour block of time without a meal break; you might be able to see the old official "opinion letter" at http://www.dir.ca.gov/dlse/opinions/2002-06-14.pdf online. i say "might be able to see" because the opinion letter was subsequently withdrawn from the official list (i.e., first, it was "disappeared" by a later administration; for a time, it wasn't on the "withdrawn" letter list, although now i see it is at http://www.dir.ca.gov/dlse/OpinionLetters-Withdrawn.htm online). so, less worry about having a meal break offset in a shift such that a more-than-five hour work period occurs without a meal break, eh? come in at 9 take lunch at 11 come back at noon and work until 6; a six hour (noon to 6) work period (one rest break), no problem. i thought the court’s rejection of the five-hour “block of time” before a meal break rule, in favor of the one meal break per five-hours-in-a-day rule was significant.

a former Labor Commissioner took the view it was illegal to have employees work longer than a five-hour block of time without a meal break; you might be able to see the old official “opinion letter” at http://www.dir.ca.gov/dlse/opinions/2002-06-14.pdf online.

i say “might be able to see” because the opinion letter was subsequently withdrawn from the official list (i.e., first, it was “disappeared” by a later administration; for a time, it wasn’t on the “withdrawn” letter list, although now i see it is at http://www.dir.ca.gov/dlse/OpinionLetters-Withdrawn.htm online).

so, less worry about having a meal break offset in a shift such that a more-than-five hour work period occurs without a meal break, eh? come in at 9 take lunch at 11 come back at noon and work until 6; a six hour (noon to 6) work period (one rest break), no problem.

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