'Discouraging' Employees from Leaving the Workplace Violates Brinker

May 09, 2019 | From HRCalifornia Extra

by Christina Baggett, J.D.; Associate Legal Counsel, Stryker

We all know the rule established by Brinker: that an employer must provide an uninterrupted 30-minute off-duty meal period to its employees by relieving them of all duty and relinquishing control over their activities — and not impeding or discouraging them from doing so.

And a federal district court ruling has placed additional emphasis on the discouragement factor.

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