DOT Lunches "waived"?
Kymm
140 Posts
We are located in CA and our drivers (Class A & 
transport hazardous waste. My question is - can they "waive" their 30 min lunch hour (consistently)?
We would, of course, pay them for the entire shift (not deduct anything for lunch.) The drivers want to do this and I've been told that DOT does have a provision for this, but can't seem to find anything to support it.
transport hazardous waste. My question is - can they "waive" their 30 min lunch hour (consistently)?We would, of course, pay them for the entire shift (not deduct anything for lunch.) The drivers want to do this and I've been told that DOT does have a provision for this, but can't seem to find anything to support it.
Comments
From an employment law standpoint, they should be able to waive meal periods. The requirement under California law that you give a meal period can be waived by the consent of both the employer and employee. (However, I think you can't waive both meal periods if they're working long enough to get two - but the transportation regs probably prohibit working that long anyway.)
I can't confirm that there is not a transportation regulation specifically covering your situation.
Brad Forrister
Director of Publishing
M. Lee Smith Publishers
However, California has a specific Wage Order No. 9-2001, for the Transportation industry. "Transportation industry" is defined by the State for this purpose as "any industry, business, or establishment operated for the purpose of conveying persons or property from one place to another whether by rail, highway, air, or water, and all operations and services in connection therewith; and also includes storing or warehousing of goods or property, and the repairing, parking, rental, maintenance, or cleaning of vehicles."
Under that specific wage order, meal period "regulations" are:
1. No employer shall employ any person for a work period of more than 5 hours without a meal period of not less than 30 minutes, except that when a work period of not more than 6 hours will complete the day’s work the meal period may be waived by mutual consent of the employer and the employee.
2. An employer may not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes, 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 the employee only if the first meal period was not waived.
3. Unless the employee is relieved of all duty during a 30 minute meal period, the meal period shall be considered an "on duty" meal period and counted as time worked. 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 parties an on-the-job paid meal period is agreed to. The written agreement shall state that the employee may, in writing, revoke the agreement at any time.
4. If an employer fails to provide an employee a meal period in accordance with the applicable provisions of this order, the employer shall pay the employee 1 hour of pay at the employee’s regular rate of compensation for each workday that the meal period is not provided.
5. In all places of employment where employees are required to eat on the premises, a suitable place for that purpose shall be designated.
The specific Wage Order can be found at the California Industrial Welfare Commission's website, as part of the California Department of Industrial Relatins website at, [url]http://www.dir.ca.gov/IWC/IWCArticle9.html[/url]
Take a look specifically at section 11 of the Wage Order. If that wage order isn't applicable to your company, then try the Wage Orders 4 or 17
[url]http://www.dir.ca.gov/IWC/WageOrderIndustries.htm[/url]. No. 17 isn't as restrictive on this issue.