Meal and Rest Periods
FROM IWC WAGE ORDER NO. 9-2001
- MEAL PERIODS
(A) No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than 30 minutes, except that when a work period of not more than six (6) hours will complete the day’s work the meal period may be waived by mutual consent of the employer and the employee.
(B) An employer may not employ an employee for a work period of more than ten (10) hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and the employee only if the first meal period was not waived.
(C) Unless the employee is relieved of all duty during a 30 minute meal period, the meal period shall be considered an ―on duty‖ meal period and counted as time worked. An ―on duty‖ meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty and when by written agreement between the parties an on-the-job paid meal period is agreed to. The written agreement shall state that the employee may, in writing, revoke the agreement at any time.
(D) If an employer fails to provide an employee a meal period in accordance with the applicable provisions of this order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each workday that the meal period is not provided.
(E) In all places of employment where employees are required to eat on the premises, a suitable place for that purpose shall be designated.
(F) The section shall not apply to any public transit bus driver covered by a valid collective bargaining agreement if the agreement expressly provides for meal periods for those employees, final and binding arbitration of disputes concerning application of its meal period provisions, premium wage rates for all overtime hours worked, and regular hourly rate of pay of not less than 30 percent more than the State minimum wage rate.
- REST PERIODS:
(A) Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period. The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof. However, a rest period need not be authorized for employees whose total daily work time is less than three and one-half (3 1/2) hours. Authorized rest period time shall be counted as hours worked for which there shall be no deduction from wages.
(B) If an employer fails to provide an employee a rest period in accordance with the applicable provisions of this order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each workday that the rest period is not provided.
(C) This section shall not apply to any public transit bus driver covered by a valid collective bargaining agreement if the agreement expressly provides for rest periods for those employees, final and binding arbitration of disputes concerning application of its rest period provisions, premium wage rates for all overtime hours worked, and regular hourly rate of pay of not less than 30 percent more than the State minimum wage rate.
Meal and Break Agreements
For All Non-Cement Mixer Driver’s
In mid-March 2006, WSTA members brought-up a topic about civil litigation involving trucking employers that are apparently misunderstanding employee lunches and breaks.
One is a WSTA member in San Diego and the other a logging company in Northern California. Apparently, trial attorneys around the state are exploiting opportunities created by a combination of lack of understand by trucking company employers and recent court cases, in particular the WalMart Stores case.
Summary of California’s Meal and Rest Period Requirements for Truck Drivers Other than Mixer Driver’s
Read Doc (PDF Doc)
April 27, 2005
“Westside Settlement” Copy of a California Superior Court Stipulated Judgment
Between the concrete mixer industry and the DIR’s, DLSE. The issue took 29 months for resolution. The judgment mainly deals with mixer drivers mandatory lunch breaks.
Read Doc (PDF Doc)
On-duty Meal and Rest Breaks Will be an Important Issue to Address in Your Near Future
Management alert from the firm “AALRR”
Wal-Mart Punitive Damage Award (PDF Doc)
For all Mixer Drivers "West-side Settlement"
The Judgment is Also Referred to as the “West-side Settlement”
Enclosed within this settlement is a sample meal period policy.
Presently it only applies to mixer drivers but should apply to almost all construction material delivery.
The facts are substantially similar between all types of construction trucking.
It is extremely important that transportation companies understand their liabilities concerning this issue and make sure they implement a company policy that addresses this issue as well as implement an “On-duty Meal Period Agreement” which needs to be signed and filed for each subject employee.
California Construction Trucking Association
Read Letter (PDF Doc)
Related Court Cases
CCTA Political Lobbying