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California: How strict do Employers need to be to maintain meal periods?

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  • California: How strict do Employers need to be to maintain meal periods?

    Here's a twist on the labor laws in California, some of my employees DON'T want to take their meal period so they can get home earlier. A lot of them work two jobs.

    http://www.dir.ca.gov/dlse/faq_mealperiods.htm

    The FAQ doesn't specify what it means for me to make lunches available. What happens when an employee takes their lunch MOST of the time, but sometimes doesn't on their own volition so that they can leave earlier? Often they'll just eat during their breaks.

    Do I have to be extremely strict and watch every single employee's lunches making sure that they take them?

    I see the option that if they work under 6 hours, they can sign a waiver, but what happens if the employee works 6 hours and ONE MINUTE?

    Can I just say across the board that anyone who has more than a 5 hour shift has to take a 30 minute meal break NO EXCEPTION?

    This lunch break rule is a REAL headache if I'm required to be the "meal break" police for all my employees.
    Last edited by jeffersonkim; 03-14-2011, 12:17 PM.

  • jeffersonkim
    replied
    Originally posted by angel_28 View Post
    And if an employee does not want to follow orders (taking a meal break), then they can go find a job where they get to make the rules.
    As Patty says: "The tail does not wag the dog".
    Yeah, I understand the concept. The annoyance comes when you have to balance this out with written warnings and demonstrate to the EDD there was "willful misconduct" for the employee refusing to take their lunches so they don't get unemployment.

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  • angel_28
    replied
    And if an employee does not want to follow orders (taking a meal break), then they can go find a job where they get to make the rules.
    As Patty says: "The tail does not wag the dog".

    Leave a comment:


  • DAW
    replied
    You know what everyone else knows. Basically follow the rules spelled out by CA-DLSE until/unless the Brinker decision overturns those rules at the CA Supreme Court level.

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  • jeffersonkim
    replied
    Crap. Even more confirmation that this question will remain unresolved until after Brinker Restaurant Corp. v. Superior Court

    http://www.courtinfo.ca.gov/courts/s...s/WS111510.DOC

    Leave a comment:


  • jeffersonkim
    replied
    I did some more research. Looks like the Brinker case is addressing this issue:

    http://www.callaborlaw.com/archives/...st-breaks.html

    Leave a comment:

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