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EMPLOYMENT LAW BULLETIN
Vol. 05, No. 7
Courtesy of ESKRIDGE LAW
New Meal Break Rules Proposed: The California Division of Labor Standards Enforcement has proposed new regulations to clarify when employee meal breaks should begin and what happens if an employee chooses not to take a meal break. The rules will likely take effect soon.
- Timing of Meal Periods
- Employees are entitled to a 30-minute meal period if the work period is more than 5 hours but no more than 6 hours per day. The meal break must commence between 5 hours, 1 minute and 6 hours. However, if the work period doesn't exceed 6 hours, the employer and employee may waive the meal period by mutual consent.
- Employees must be provided with a 30-minute meal period before the work period exceeds 6 hours if the work period is more than 6 hours but less than 10 hours.
- Employees are entitled to a second 30-minute meal period if the work period is longer than 10 hours but no more than 12 hours. This second meal period can be waived by mutual consent if the first meal period was not waived.
- Penalties
- Employers must give the employee one additional hour of pay for each missed meal or rest break, in addition to pay for the time the employee worked during that period. The one hour's pay is a penalty and not wages, so it is not subject to income tax withholding.
- Employers will not be subject to penalties for employees not taking a meal break as long as they can show that they "provided" a meal period. "Providing" a meal period means that:
- the employer has informed employees of their right to a meal period and that they won't be retaliated against for not exercising it;
- the employer has afforded employees the opportunity to take the meal period;
- the employer maintains accurate time records for covered employees as required by the Labor Code and relevant wage orders.
- Record-keeping
- Employers must keep records showing when the employee begins and ends each work period, meal periods, split shift intervals, and total daily hours worked. The records must be written in English and recorded in ink or another indelible form. Records must be properly dated and kept on file by the employer for at least three years, either at the place of employment or at a central location within California.
Starting June 1, 2005! In order to aid in the prevention of identity theft, the Fair and Accurate Credit Transactions Act requires anyone possessing consumer reports or information derived from consumer reports to shred, burn, or pulverize the documents before disposal. Be mindful, however, that this rule does not trump any state or federal law that requires certain records to be kept for a specific amount of time.
ESKRIDGE LAW may now be contacted by phone (310/303-3951), by fax (310/303-3952), or by e-mail (geskridge@eskridgelaw.net.) Please visit our website at www.eskridgelaw.net or www.employmentattorneys.net.
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