Brinker Decision Delayed

Businesses will have to wait longer for a decision in the Brinker case.

As we reported last week, the California Supreme Court allowed the parties in Brinker to submit additional briefing on an issue that was raised during the November 8, 2011, oral argument. 

Now, the court extended its deadline for issuing a final decision in this protracted legal battle. Originally, the court had 90 days from the date of oral argument to issue its final decision, which meant that businesses could anticipate a decision no later than February 6, 2012.  

But on December 14, the court vacated its order that the case was submitted for a final decision and said that the case will be “resubmitted” on January 13, 2012. This will start the 90-day time period running again and a decision should be rendered no later than April 12, 2012.

Then again, there are clearly no guarantees …

Gail Cecchettini Whaley, CalChamber Employment Law Editor/Staff Counsel