Employers of Exempt Employees Not Required to Ensure Meals Taken

The trial court determined that the employer in question didn’t have to pay overtime to a class of employees who earned 1.5 times minimum wage when more than half the employees pay comes in commissions. Additionally, they were not required to ensure those employees took meal periods. The Supreme Court granted the petition for review, then put the matter on hold pending consideration of the issues in Brinker Restaurant Corp. v. Superior Court. After the Brinker decision, they transferred the case back to reconsider the ruling in light of the decision. It was undisputed that Brinker didn’t affect the court’s earlier decision that the employees were exempt, and that the employer doesn’t have a duty to ensure meal periods were taken. Muldrow v. Surrex Solutions Corp. (CA4/1 D057955A 8/29/12)

2017-03-02T21:50:56+00:00 February 13th, 2013|Wage and Hour|