On December 21, 2011, the California Supreme Court announced that it will decide whether an employer can recover attorney’s fees from employees who lose a lawsuit for missed meal and rest periods. The lower court of appeals decided that an employer cannot go after employees in this way, but the Supreme Court may decide differently.

We will keep an eye on this issue because employees should have the right to make good faith claims for missed meal periods in Northern California without worrying about having to pay the employer’s attorney if they lose.