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California exempt worker meal rights

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  • California exempt worker meal rights

    I am an exempt worker in California who is unsure of any rights I might have in regards to lunch and dinner breaks. Due to the nature of my job I am expected to work through lunch and dinner quite frequently, as such I bring food to work. I was wondering if my company is required to provide a way to store and heat (like providing a refrigerator and a microwave).

    I've check out the state's site on meal periods which says "In all places where employees are required to eat on the premises, a suitable place for that purpose must be designated". Is there any further explanation on what this means?

  • #2
    What isn't clear about it? If you require employees to remain on site and they may not leave the facility in order to eat, you must provide a place for them to eat like a cafeteria or break room.

    The regulations do not require you to provide a microwave or refrigerator.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Not exactly. Section 3(G) of the wage orders (I believe all of them) provides "If a meal period occurs on a shift beginning or ending at or between the hours of 10 p.m. and 6 a.m., facilities shall be
      available for securing hot food and drink or for heating food or drink, and a suitable sheltered place shall be provided in which to consume such food or drink."

      What time of the day are you working?
      My intention is not to argue over who is wrong/right. I am here for the discussion and to learn and teach. If you dislike what I have to say or think I question you when I shouldn't, then by all means add me to your ignore list.

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      • #4
        I believe that only applies to work that is done "in the elements", such as road work, oil rigs, stuff like that. You could check the IWC that applies to your kind of business (if it isn't listed separately, then IWC #4 generally applies) here.
        http://www.dir.ca.gov/Iwc/WageOrderIndustries.htm
        Last edited by Pattymd; 03-29-2007, 02:43 AM.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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