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FOX News senior judicial analyst Judge Andrew Napolitano on regulating lunch breaks in California.
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So who's fault is it if you don't take your lunch break the California Supreme Court ruled last week that companies aren't responsible for making you take your breaks.
But a class action suit may still be in the works churning its way into -- Fox News senior judicial analyst judge in -- the Paula -- Judge -- on how many restaurants over whether California Supreme Court does very ago.
I'm in this this is a very usual.
Litigation it's not based on -- written by the legislature.
It's threatened it's based on rules and regulations promulgated by you're ready for the name of this -- for the entered.
Worker welfare commission.
That's a group of autocratic government pressure that's a government entity opponent by the various governors of California so they all haven't been appointed by Jerry Brown somewhere appointed by.
Governor Schwarzenegger and they have the right to regulate.
The workplace with respect to what people do when they're there so they have issued regulations that if you read them nobody could understand.
So in a lawsuit challenging these regulations.
Do we have time off for lunch can they force us to take bunch -- we don't wanna take it that we have to eat during -- these other questions.
The California Supreme Court ruled -- some -- This is significant.
Because California frequently leads the way.
California's rules are -- after five hours of work.
You may eat what you need not.
Take thirty minutes off you may what you need not eat lunch during the thirty minutes and if you're working ten hour day after the second five hour shift.
You may what you need not take fifteen minutes -- Committee passed a law in California committee must not be happy with that -- that I can't imagine it's gonna and here because they love that you must take a break you must go take -- and I don't.
Workers for a long time -- especially do you work in a situation like a restaurant.
Where you're forced to take a break you're missing -- split out.
Well you're right but I'll tell you who also is not happy about it which is businesses because the California Supreme Court also said when you have these issues about when you're entitled -- time off.
Don't file a lawsuit we have too many lawsuits in California.
Go to the welfare commission.
And they will tell you when you can take your time off -- ferrying the rights of employees and employers.
Away from the courts.
And toward unelected bureaucrats out who are appointed because.
They are pro labor and against management.
I mean a backlash in this Gingrich and I would imagine as our favorite libertarian judge that you actually.
Probably like this California Supreme Court ruling because the backlash was so ridiculous -- that people laying off business owners.
Restaurant business -- had to be more specific we're laying people off because.
It is easier than to risk a lawsuit.
Correct listen I I like when the free market regulates the marketplace rather than unelected bureaucrats blacks.
The decision of the supreme court of California is far better.
Then the mission -- that -- promulgated by the welfare commission that nobody can understand that it took a forty page opinion of the California Supreme Court to explain.
So complex where these rules but the justice who wrote the opinion.
Also wrote her own concurring opinion the disagreed with the majority put some right.
But this is really not -- I literally and only in California LA is only in California judge thank you -- my pleasure to to California girls now less yeah.
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