On Duty Meal Period Agreement California
In California, an employer cannot employ a worker for more than five hours of work per day without giving the worker a meal of at least thirty minutes, except that if the worker`s total working time per day does not exceed six hours, the meal period may be waived by both the employer and the worker. A second meal of at least thirty minutes is required when a worker works more than ten hours a day, except that if the total working time does not exceed 12 hours, the second meal can only be cancelled with the mutual agreement of the employer and the worker, if the first meal has not been cancelled. Labour Code Section 512. However, film industry workers cannot work more than six hours without a meal of at least 30 minutes or more than an hour. And a later meal must be called no later than six hours after the end of the previous meal. CBI Decision 12-2001, Section 11 (A) The Court continued to consider whether the obligation to exempt a worker from any obligation was met when a worker is required to remain on demand. In a clear derogation from the previous factual approach to determining whether on-call time was working time, the majority concluded that rest periods were strictly inadmissible. The Court justified this decision by the fact that the admission of the courts to the question of whether the duty of custody disproportionately affected the ability of a worker to take an uninterrupted period of rest would have the effect of «making less clear and much more important administrative complexes». A service meal is a meal in which the worker is not exempt from any obligation. In California, meals in use are only legal in certain tight circumstances. Periods of service are only permitted if the worker is not exempt from any obligation during his 30-minute meal, meal time is considered a «service» meal, which is counted as hours worked and must be compensated for the normal salary of the absent worker.
A «service» meal period is only permitted if the type of work prevents a worker from being exempted from any obligation and agreeing to a meal period paid in the workplace by written agreement between the employer and the worker. The written agreement states that the worker may revoke the contract in writing at any time. Orders of CBI 1 -15, section 11, order 16, section 10. It is objective to check whether the nature of the work prevents a worker from being removed from any obligation.