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Meal and Rest Breaks Provided but Not Ensured

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The Second Appellate District, in preempting the California Supreme Court's anticipated ruling on this issue, held that employers need only provide employees with meal and rest breaks but need not ensure that employees take these breaks.
 

Employers and employees alike have been long awaiting a decision by the California Supreme Court regarding the issue of whether employers must ensure that employees take meal and rest breaks.  In, Hernandez v Chipotle Mexican Grill, Inc., a recent opinion ordered for publication on October 28, 2010, the Second Appellate District has preempted the California Supreme Court by holding that employers need not ensure that employees take meal and

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