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Yesterday, the California Supreme Court issues a grant and hold in the case of Hernandez v. Chipotle. This was another case that dealt with the issue of meal breaks and what standard should be applied to the merits and to class certification motions. There are now a slew of cases that the California Supreme Court has granted and held pending the decision in Brinker v. Superior Court. Brinker has been fully briefed for close to 2 1/2 years with no formal argument date set. The state still waits. There are likely in the neighborhood of hundreds of cases that are awaiting guidance on this issue. Our firm has 7 cases that are stayed by various courts waiting to hear how the court will rule in Brinker. WE expect a decision this year, but there is no way to know for sure. Once the argument is set the court is required to issue a decision within 90 days.
