Wage Law

A petition for review has been granted in Brinkley v. Public Storage, Inc. (2008) 167 Cal.App.4th 1278, the paystub violation and meal and rest break case that was published on October 28, 2008. As we predicted, the case was given a Rule 8.512(d) grant-and-hold review, and is now a companion case to Brinker Restaurant Corp. v. Superior Court (2008) 165 Cal.App.4th 25.

The petition for review is GRANTED. Further action in this matter is deferred pending consideration and disposition of a related issue in Brinker Restaurant Corp. v. Superior Court, S166350 (see Cal. Rules of Court, rule 8.512(d)(2)), or pending further order of the court. Submission of additional briefing, pursuant to California Rules of Court, rule 8.520, is deferred pending further order of the court.

George, C.J., was absent and did not participate. Votes: Corrigan, A.C.J., Kennard, Baxter, Werdegar, Chin and Moreno, JJ.

 We previously discussed Brinkley in posts that can be found here and here.

Brinkley is no longer good law and cannot be cited in California courts. California Rules of Court, Rule 8.115 prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, and Rule 8.1105(e)(1) provides that unless otherwise ordered, an opinion is no longer considered published if the Supreme Court grants review.

Briefing in the Brinker case gets underway next week.