Yesterday's Recorder had this report on the Brinker argument. An excerpt:
Lawyers watching the oral arguments on Tuesday sensed the court will most likely issue a nuanced ruling.
"I think the court is going to stake out a little bit of a compromise decision," said Rudy Exelrod Zieff & Lowe partner David Lowe, a plaintiff-side employment lawyer who wasn't involved in the case who tuned in to a webcast of the proceedings.
The court's likely to adopt some version of the "make available" standard, he said, but "they may also include some language in the opinion emphasizing that employers may not impede or discourage or dissuade workers from taking those breaks."
In particular, some of the justices seemed open to Altshuler Berzon partner Michael Rubin's argument that the Fourth District erred in completely throwing out the class certification order — particularly as it relates to the plaintiffs' claims about missing rest breaks.
Whatever the outcome, it was quite a remarkable experience being up there, looking the justices straight in the eyes and having a dialog with them on some very fascinating (and nuanced) issues.