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CALIFORNIA LABOR COMMISSIONER ADOPTS NEW MEAL AND REST BREAK RULES
Here
is some more good news for California employers on the meal and rest
break front. As we reported in last week's Compliance Matters,
the California Court of Appeals
has issued a very favorable decision clarifying the State's meal and
rest break requirements. Just two days later, California Labor
Commissioner Angela Bradstreet issued an important memorandum to
all of the agency's field staff with instructions that they are to
follow the new case ruling when handling Labor Commissioner
investigations. Under the State's comprehensive wage hour laws,
the Labor Commissioner's office is empowered to
investigate wage complaints and prosecute employers who do not follow
the State's meal and rest period rules. This memorandum by the
State's wage hour watchdog agency is indeed welcome news.
What Now? To be sure, the Labor Commissioner Memorandum
is good news for the State's employers. However, the Court's
ruling is NOT final and it could be months or even years before it
is. In the meantime, employers need to do several things, at a
minimum.
- Hold off making any sweeping changes because of the ruling until the decision is final.
- Review written meal and rest
break policies to ensure legal compliance. If the company policy
is not in writing, it's a good idea to develop one. We recommend
that you have all employees acknowledge in writing that they are aware
of the policy, understand it and pledge to comply.
- Train managers on the State's meal and rest period rules.
- Monitor compliance on a weekly or pay period basis.
- With new definitions about what
is compliance, consider whether it's wise to limit the
circumstances under which the company will pay state mandated
penalties. The most conservative approach would be to make
no changes in how the penalty compensation is being paid, since
the case is far from over. However, you may be paying penalty
compensation under circumstances where it is not required.
Ultimately, this will be a risk management decision.
Your contact at the Firm is ready to assist you with any questions.
For more information, call us today at (818) 508-3700, or visit us on the web, at www.brgslaw.com.
Sincerely,
Richard S. Rosenberg
Partner
BRG&S,
LLP
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