In Muldrow v. Surrex Solutions Corp., the California Court of Appeal upheld a trial court’s determination that the plaintiffs could not maintain a class action for proposed meal period class given the holding by the California Supreme Court in Brinker v. Superior Court (click here for additional information on the Brinker ruling). The appellate court had previously upheld the trial court’s denial of class certification, but the California Supreme Court granted review of the case pending its decision in Brinker. Once Brinker was decided, the Supreme Court transferred the case back to the appellate court for a decision applying the new analysis set forth in Brinker.
In Muldrow, the appellate court found that the trial court properly denied class certification for the meal break class. It stated, “In Brinker, the Supreme Court held that an employer need only provide for meal periods, and need not ensure that employees take such breaks.”
In support of its conclusion that the trial court properly denied class certification as to the meal break claims, the court quoted the following language from the Brinker decision:
An employer’s duty with respect to meal breaks…is an obligation to provide a meal period to its employees. The employer satisfies this obligation if it relieves its employees of all duty, relinquishes control over their activities and permits them a reasonable opportunity to take an uninterrupted 30-minute break, and does not impede or discourage them from doing so.
Plaintiffs argued that they should now be able to present evidence that the employees were “discouraged” from taking meal breaks given the Brinker decision. The appellate court rejected this request as this was the first time plaintiffs raised the issue, and there were a number of cases that plaintiffs could have relied upon for this theory prior to the Brinker decision.