Court Upholds Certification Of Meal And Rest Break Class Action Against Brinker - More than 100,000 California non-exempt employees affected, reports counsel for Plaintiff, Hurst & Hurst Law Firm - WDRB 41 Louisville News
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SOURCE Hurst & Hurst
SAN DIEGO, Oct. 8, 2013 /PRNewswire/ -- On remand from the California Supreme Court, San Diego Superior Court Judge William S. Dato granted Plaintiffs' motion to certify the modified Meal Period Subclass against Brinker International, Inc., Brinker International Payroll Company, Inc., and Brinker Restaurant Corp. ("Brinker") on September 26, 2013. Brinker's companion motion to decertify the Rest Break Subclass was denied. The case, entitled Hohnbaum, et. al. v Brinker Restaurant Corp., et. al., S.D.S.C. Case No. 834348, is brought on behalf of all present and former non-exempt employees of Brinker who worked at a Brinker-owned restaurant in California, from and after October 1, 2000 (the "Class Period"). The lawsuit was originally filed in August 2004 and affects over 100,000 low-wage Brinker employees in the State of California.
The operative second amended complaint alleges that Brinker failed to provide employees meal and rest breaks, or premium wages in lieu of meal and rest breaks, due them under law. The complaint also alleges that Brinker is liable for waiting time penalties for failing to pay wages due at termination. The allegations in the lawsuit have not yet been proven in court.
During the over 13-year Class Period, Brinker owned and operated restaurants throughout California, including Chili's Grill & Bar, Maggiano's Little Italy, Romano's Macaroni Grill, Corner Bakery Cafe, Cozymel's Mexican Grill, and On the Border Mexican Grill & Cantina. The Named Plaintiffs were hourly nonexempt employees at one or more of Brinker's restaurants.
Throughout the 9-year pendency of the case, Brinker vigorously resisted class status. After certification was granted in 2006, there were appeals all the way up to the California Supreme Court. In a landmark decision, Brinker Restaurant Corp. v. Sup. Ct. (2012) 53 Cal.4th 1004, the Supreme Court clarified California employers' duties to employees relating to meal and rest breaks and made rulings which largely favor the Plaintiffs in the case. Compensation to these Class Members is long overdue.
Plaintiffs are represented by a team of San Diego attorneys, including: lead counsel Debra L. Hurst of Hurst & Hurst; L. Tracee Lorens of Lorens and Associates; William Turley of The Turley Law Firm; Tim Cohelan of Cohelan, Khoury, and Singer; and Raul Cadena of Cadena Churchill.
Notice to the Class is anticipated in November 2013. A Trial is anticipated in the next 12-16 months.
If you are a current or former employee of Chili's Grill & Bar or any of Brinker's other restaurants and wish to learn more about any of the allegations or have any questions, please contact Debra L. Hurst, Esq. at (619) 236-0016, or by email at email@example.com. Please visit http://brinkerclassaction.com.