2018), the U.S. District Court for the Central District of California held that certain industry employers are exempt from the Labor Code’s meal and rest break requirements when their employees are subject to a … This judgment has the same force and effect as any other money judgment entered by the court. 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. And a subsequent meal period must be called not later than six hours after the termination of the preceding meal period. This is true even where the employee is relieved of all work duties during the 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. 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. IWC Orders 1 -15, Section 11, Order 16, Section 10. After the hearing, an Order, Decision, or Award (ODA) of the Labor Commissioner will be served on the parties. Labor Code §§ 226.7 and 512 set forth employers’ requirement to “authorize and permit” their non-exempt employees to take meal and rest breaks. However if that occurs, you are being denied your time for your own purposes and in effect remain under the employer's control and thus, the meal period must be paid. In all places where employees are required to eat on the premises, a suitable place for that purpose must be designated. At the hearing the parties and witnesses testify under oath, and the proceeding is recorded. An employer and employee may not agree to an on-duty meal period unless, based on objective criteria, any employee would be prevented from being relieved of all duty based on the necessary job duties. Labor Code Section 512. 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. If the decision is to hold a conference, the parties will be notified by mail of the date, time and place of the conference. When an employee works for a period of more than 10 hours, a second meal period must be provided no later than the end of the employee’s tenth hour of work (in other words, no later than the start of the employee’s eleventh hour of work). Employers may not undermine a formal policy of providing meal periods by pressuring employees to perform their duties in ways that omit breaks (e.g., through a scheduling policy that makes taking breaks extremely difficult). The first meal period must be provided no later than the end of the employee's … If the claim is not resolved at the conference, the next step usually is to refer the matter to a hearing or dismiss it for lack of evidence. In California, 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 thirty 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. 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