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  • CalChamber Podcast Focuses on Meals and Breaks at the Office

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    June 12, 2019
    Although California’s meal and rest break rules are intended to give hourly employees time to take breaks during their shifts, problems can arise if employees skip their breaks or if employers don’t offer them. In this episode of The Workplace, CalChamber Executive Vice President and General Counsel Erika Frank discusses meals and breaks at the office with attorney Michael Nader, shareholder with Ogletree Deakins, who focuses his practice on defending wage-and-hour class actions. In the podcast, they discuss meal and rest break rules and the importance of tracking employees’ breaks to protect employers against class action lawsuits.

    Employers Must Provide

    California’s Labor Code outlines the rules employers must follow when it comes to providing nonexempt employees their meal and rest breaks.

    For meal breaks, Nader explains, it is important for the employee to be exempt from all duty and allowed to leave the premises if he/she wishes. “The employer must relinquish control over the employees’ activities,” he says.

    There is no one purpose for meal breaks at the office; it is an unpaid break for hourly employees to spend however they choose.

    “Under California law, a meal break really has nothing to do with lunch,” Nader explains to Frank. “It is really the opportunity to provide the employee with duty-free uninterrupted time where they are free to leave the premises. If the employee wishes to eat during that period, that is fine. If they wish to do something else during that time, that is fine as well.”

    Similarly, with rest breaks, employees can use these paid, on-the-clock, net 10-minute periods any way they like.

    “Employers are required to authorize and permit nonexempt employees to take rest breaks,” adds Nader. “Rest breaks are required to fall in the middle of work periods insofar as practical.”

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