An employer may not employ an employee for a work period of more than 10 h… In the case of an appeal by the employer, DLSE may represent an employee who is financially unable to afford counsel in the court proceeding. §11040. The purpose of the conference is to determine the validity of the claim, and to see if the claim can be resolved without a hearing. The laws provide for a 30-minute meal break that must involve no work during workdays of at least five hours and 10-minute paid rest periods during each four-hour segment of work. 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 employer and employee an on-the-job paid meal period is agreed to. It is also meant to prevent employers from keeping employees on the clock for too long without a break. When the Order, Decision, or Award (ODA) is in the employee's favor and there is no appeal, and the employer does not pay the ODA, the Division of Labor Standards Enforcement (DLSE) will have the court enter the ODA as a judgment against the employer. If your employer fails to provide the required meal period, you are to be paid one hour of pay at your regular rate of compensation (this is referred to as meal period premium pay) for each workday that the meal period is not provided. In that case, the issue was whether employers must (1) merely make meal breaks available to their employees […] In all places where employees are required to eat on the premises, a suitable place for that purpose must be designated. Labor Code §§ 226.7 and 512 set forth employers’ requirement to “authorize and permit” their non-exempt employees to take meal and rest breaks. Add To My Favorites. After your claim is completed and filed with a local office of the Division of Labor Standards Enforcement (DLSE), it will be assigned to a Deputy Labor Commissioner who will determine, based upon the circumstances of the claim and information presented, how best to proceed. Labor Code, §§ 512, subd. (a) An employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. Consequently, you may either try to collect the judgment yourself or you can assign it to DLSE. Under all of the IWC Orders except Orders 12, 14, 15, and 16-2001, 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 must be available for securing hot food and drink or for heating food or drink, and a suitable sheltered place must be provided in which to consume such food or drink. At the hearing the parties and witnesses testify under oath, and the proceeding is recorded. There is an exception for employees in the motion picture industry, however, as they may work no longer than six hours without a meal period of not less than 30 minutes, nor more than one hour. If the employee works more than 10 hours per day, he or she must be given a second 30-minute meal period. The law is meant to allow employees to have a rest during their workday. No, the employer would not be liable for meal period premium pay where there is bona fide relief from duty and relinquishment of employer control (and no discouragement or coercion from the employer against taking the meal period). Consequently, you may either try to collect the judgment yourself or you can assign it to DLSE. However, an employer must do more than simply make a meal period “available.”  In general, to satisfy its obligation to provide a meal period, an employer must actually relieve employees of all duty, relinquish control over their activities, permit them a reasonable opportunity to take an uninterrupted 30-minute break (in which they are free to come and go as they please), and must not impede or discourage employees from taking their meal period. A second meal period of not less than thirty minutes is required if an employee works more than ten hours per day, 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 employee only if the first meal period was not waived. Labor Code 512 — Meal periods; requirements; order permitting meal period after six hours of work; exceptions; remedies under collective bargaining agreement. Initial action taken regarding the claim can be referral to a conference or hearing, or dismissal of the claim. In order for an "on duty" meal period to be permitted under the, Yes, your employer can require that you remain on its premises during your meal period, even if you are relieved of all work duties. Under IWC Order 12-2001 for employees in the motion picture industry, hot meals and hot drinks must be provided for employees who are required to work after 12 o'clock midnight, except off-production employees regularly scheduled to work after midnight. And a subsequent meal period must be called not later than six hours after the termination of the preceding meal period. And a subsequent meal period must be called not later than six hours after the termination of the preceding meal period. The evidence and testimony presented at the Labor Commissioner's hearing will not be the basis for the court's decision. This requirement does not, however, apply to employees covered by IWC Order 16-2001, on-site occupations in the construction, drilling, logging and mining industries.. For employees covered by IWC Order 16-2001, the employer must provide an adequate supply of potable water, soap, or other suitable cleansing agent and single use towels for hand washing. 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