Hands off on employers on breaks will backfire

 

Recently the California 4th district court of appeal stated in a lawsuit that employers are not responsible for employees taking their lunch and rest breaks. The employers are only obliged to make them available. However I agree with the California Labor Federation that employees will be harassed and intimidated from taking their breaks.

The employees of the Brinker restaurant chain of Chilli’s and Romanos sued their employer because they were not given the breaks they were entitled to. Yes, employees and employers would like to have flexibility about breaks and lunches. However naturally business will naturally want to exploit their labor beyond reasonableness by urging their employees not to take breaks during the required minimums such as working 1 hour then taking a lunch, then working 9 more hours.

We will probably need another law to undo this ruling in the state court of appeals.

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