Another California Court Holds Employers must "Make Available," not "Ensure" meal Breaks
1 min read
Sep 14, 2011
For the past few years, California courts have been inundated with lawsuits filed by employees claiming that they did not receive their thirty-minute uninterrupted meal breaks per Labor Code section 512, which provides that:
(a) An employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. An employer may not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and the employee only if the first meal period was not waived.
The point of contention has been, and continues to be, whether the term "providing" as used in the statute means that the employer must "ensure" that meal breaks are affirmatively given to employees and taken by employees, or, alternatively, whether it means that employers must merely "make available" the opportunity to take meal breaks, if so desired. This is the issue which is presently being considered by the California Supreme Court in connection with the Brinker v. Superior Court case (and the numerous other related matters).
On Friday, September 9, 2011, in the case of Driscoll v. Graniterock, the Santa Clara County Superior Court joined the ranks of several other California courts in holding that employers must merely make breaks available to its employees.
Topics
Featured Insights

In The News
Oct 23, 2026
Michael Dowell Discusses Potential Impact of Proposition 44 on California Community Clinics

In The News
Oct 21, 2026
Scott Seaman Says Walmart Ruling is an "Aberration" in the Opioid Insurance Battle

Event
October 21 – 23, 2026
D.L. Morriss Presents on International Banking Litigation and AI Regulation

Press Release
Oct 20, 2026
Seasoned Litigator Joins Hinshaw's Aviation and Aerospace Team in Chicago

Consumer Crossroads: Where Financial Services and Litigation Intersect
Oct 19, 2026
Refile, Repeat: Ohio’s Savings Statute Allows for Unlimited Bites of a Time-Barred Claim

Consumer Crossroads: Where Financial Services and Litigation Intersect
Oct 16, 2026
Key Takeaways from the 2026 ACVL Conference for the Auto Finance Industry

Press Release
Oct 16, 2026
Nia Binns Re-Appointed Health and Wellness Committee Co-Chair of the BWLA

In The News
Oct 16, 2026
Jennifer Driscoll Explains How Bond Request Spurred AG Settlement in Paramount Merger

Consumer Crossroads: Where Financial Services and Litigation Intersect
Oct 15, 2026
OCC Releases Debanking Report on Largest Banks; CFPB Announces Follow-On Initiative



