Saul Deleon v. Time Warner Ny Cable Llc

MEMORANDUM

Plaintiff Saul Deleon appeals from the district court’s order granting summary judgment to defendant Time Warner N.Y. Cable LLC (“Time Warner”). We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

The district court’s grant of summary judgment is reviewed de novo. Clicks Billiards, Inc. v. Sixshooters, Inc., 251 F.Sd 1252, 1257 (9th Cir.2001). Summary judgment is appropriate if Time Warner, the moving party, “shows that there is no genuine dispute as to any material fact and [it] is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). The court must view the evidence presented in the light most favorable to Deleon, the non-moving party, and draw all justifiable inferences in his favor. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986).

Time Warner is entitled to summary judgment on Deleon’s meal and rest break claims. The evidence is undisputed that Time Warner scheduled breaks at appropriate intervals and encouraged its employees to take their breaks at the scheduled times. Time Warner did not have a duty to police its employees and ensure that they actually took their breaks as scheduled. See Brinker…