DLSE quickly updated (pdf, doc) its Enforcement Policies and Interpretations Manual to reflect the decision in Brinker Restaurant Corp. v. Superior Court of San Diego County (Hohnbaum) (2008) ___ Cal.App.4th ___. The decision was just three days when the revisions went into effective. Opinion Letter 1999.02.16 has been withdrawn.
The DLSE is now taking comments. If you believe that a section of the Enforcement Policies and Interpretations Manual or an opinion letter needs to be reviewed to determine if it should go through the regulatory process pursuant to the Administrative Procedures Act, you can submit comments to email@example.com. Any inquiries should mention a specific manual section or opinion letter number and explain specific concerns. The Division of Labor Standards Enforcement - Comments mailbox account has been established solely to take comments on the enforcement manual and opinion letters. All comments will be read and considered, but no responses to questions or specific advice will be provided.