Revisions to California Meal Break Rules: What Happened?

In 2005 it appeared employers and employees would finally receive some relief from California's stringent meal period rules. The Department of Industrial Relations drafted proposed regulations to clarify the Labor Code and held public hearings. The proposed regulations would have required an employer to provide employees with the opportunity to take meal periods, but would allow employees the choice of whether to take them. The proposed regulations also confirmed that the amount owed an employee for a missed meal or rest period was a “penalty,” not a “wage,” providing a one-year, rather than three-year, statute of limitation. So, what happened?! Good question. For unknown reasons the Department of Industrial Relations and the Governor chose to withdraw the regulations.

The proposed regulations have been indefinitely postponed which means all the old rules still apply. In a nutshell, employees who work at least five hours are entitled to a thirty minute unpaid, uninterrupted meal period. If the employee works less than six hours, the employee and employer can waive the meal period by mutual consent. If the employee misses the meal period or must perform work during the period, the employee is entitled to an additional one hour of pay. Employees who work for more than ten hours are entitled to a second meal period which can be waived if the employee works no more than twelve hours and the first meal period was not waived. The rules requiring record-keeping for each start and stop time, including the meal period still apply.

In the meantime, the California Supreme Court has taken up the missed meal period “penalty” issue. Murphy v. Kenneth Cole Productions, Inc. , Supreme Court Case No. S140308. We anticipate a decision in late 2006 or early 2007.

Employers are strongly advised to strictly comply with these regulations. Many class action suits have been filed over missed meal and rest periods. With the postponement of these regulations, this trend is likely to continue for some time.

We will keep you posted as new developments occur.

 

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Please contact us if you have questions or want more information. Please note that the information contained in this newsletter is not intended to provide specific legal advice. You should consult with an attorney and not rely on any information contained herein regarding your specific situation.