Meal and Rest Periods in California

Linda_CA

The first question is: When the labor code addresses meal and rest periods for nonexempt employees and uses the term "nature of work" does anyone know of a more definitive description for "nature of work"? Are there any examples of job titles or positions that fall into this category? Is the "nature of work" based on a specific project or assignment and perhaps not on a specific position?

The second question is: If you have positions that fall into the term "nature of work" thus allowing someone to forgo their lunch, do you have to pay the one hour penalty even though you have a signed agreement on file?

The third question is: Does the signed agreement apply to each and every time an employee misses a meal/rest period or does an agreement need to be signed each time a meal/rest period is missed?

System

I will start out with a general disclaimer that there are many specific rules regarding meal and rest periods in California based on specific industries, specific jobs, type of workplace (public or private sector) and collective bargaining agreements. The first step is to review your wage orders, the California Labor Code, and any collective bargaining agreement for requirements regarding meal and rest periods.

However, generally workers must be paid for their on duty meal periods. A signed agreement that an employee waives a meal period must be revocable at any time by the employee with one day's written notice. The "nature of the work" requirement is not specifically defined and is generally liberally construed in the employee's favor. If is is possible (even though inconvenient) to relieve the employee from duty, then it is likely that the nature of the work does not require an on duty meal period. You should discuss your specific situation with counsel.