In a not-very-surprising development, the California Supreme Court accepted review of the Brinker v. Superior Court decision, discussed here and here. And here.
When the California Supreme Court accepts review, the opinion cannot be cited. So, the law now reverts to the pre-Brinker days. Which means you should read my old article, here.
However, there is one wrinkle that remains to be ironed out. The DLSE, our labor standards agency, has adopted the Brinker opinion as its enforcement position. Will the DLSE leave its interpretation in effect while the high court considers the case? We shall see. The discussion of the DLSE memorandum regarding Brinker is here.
DGV
WHAT'S NEW IN EMPLOYMENT LAW? Welcome to Shaw Law Group, PC's law blog. We will focus on employment law developments, particularly in California. Nothing in this forum should be construed as legal advice, 'cause it isn't. So, please consult your lawyer or hire us! (We typically represent employers, not employees). Also - this is a public website, so communications are not privileged. Copyright Shaw Law Group, PC © 2017. All rights reserved.
