Court Upholds Certification Of Meal And Rest Break Class Action Against
Brinker - More than 100,000 California non-exempt employees affected, reports
counsel for Plaintiff, Hurst & Hurst Law Firm
SAN DIEGO, Oct. 8, 2013
SAN DIEGO, Oct. 8, 2013 /PRNewswire/ -- On remand from the California Supreme
Court, San Diego Superior Court Judge William S. Dato granted Plaintiffs'
motion to certify the modified Meal Period Subclass against Brinker
International, Inc., Brinker International Payroll Company, Inc., and Brinker
Restaurant Corp. ("Brinker") on September 26, 2013. Brinker's companion
motion to decertify the Rest Break Subclass was denied. The case, entitled
Hohnbaum, et. al. v Brinker Restaurant Corp., et. al., S.D.S.C. Case No.
834348, is brought on behalf of all present and former non-exempt employees of
Brinker who worked at a Brinker-owned restaurant in California, from and after
October 1, 2000 (the "Class Period"). The lawsuit was originally filed in
August 2004 and affects over 100,000 low-wage Brinker employees in the State
The operative second amended complaint alleges that Brinker failed to provide
employees meal and rest breaks, or premium wages in lieu of meal and rest
breaks, due them under law. The complaint also alleges that Brinker is liable
for waiting time penalties for failing to pay wages due at termination. The
allegations in the lawsuit have not yet been proven in court.
During the over 13-year Class Period, Brinker owned and operated restaurants
throughout California, including Chili's Grill & Bar, Maggiano's Little Italy,
Romano's Macaroni Grill, Corner Bakery Cafe, Cozymel's Mexican Grill, and On
the Border Mexican Grill & Cantina. The Named Plaintiffs were hourly
nonexempt employees at one or more of Brinker's restaurants.
Throughout the 9-year pendency of the case, Brinker vigorously resisted class
status. After certification was granted in 2006, there were appeals all the
way up to the California Supreme Court. In a landmark decision, Brinker
Restaurant Corp. v. Sup. Ct. (2012) 53 Cal.4th 1004, the Supreme Court
clarified California employers' duties to employees relating to meal and rest
breaks and made rulings which largely favor the Plaintiffs in the case.
Compensation to these Class Members is long overdue.
Plaintiffs are represented by a team of San Diego attorneys, including: lead
counsel Debra L. Hurst of Hurst & Hurst; L. Tracee Lorens of Lorens and
Associates; William Turley of The Turley Law Firm; Tim Cohelan of Cohelan,
Khoury, and Singer; and Raul Cadena of Cadena Churchill.
Notice to the Class is anticipated in November 2013. A Trial is anticipated
in the next 12-16 months.
If you are a current or former employee of Chili's Grill& Bar or any of
Brinker's other restaurants and wish to learn more about any of the
allegations or have any questions, please contact Debra L. Hurst, Esq. at
(619) 236-0016, or by email at firstname.lastname@example.org. Please
SOURCE Hurst & Hurst
Contact: Debra L. Hurst, Esq., (619) 236-0016, website:
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