With respect to rest periods, the California Supreme Court ruled that employers should exempt a worker from any obligation during the rest period, including the requirement to remain on request. In particular, in situations where it is “particularly distressing” for an employer to exempt a worker from any obligation during rest periods, the Court has established the possibility of granting a worker additional rest to replace the interrupted rest or (2) the bonus salary for each working day for which no rest is provided. Therefore, in the case of wage order 5 and there is no waiver, Subdivision 11 (E) authorizes meal times in service, but requires a minimum of 30 minutes of in-service meals. To demonstrate that the nature of a worker`s work prevents a worker from being exempted from any obligation, the employer must conduct an objective, multi-step review. Consideration should be given to: (1) the nature of the work; (2) the availability of other employees to lighten the burden on an employee during a meal; 3) the possible consequences for the employer if the worker is exempt from any obligation; 4. the employer`s ability to anticipate and mitigate these consequences, for example. B by planning work in a way that allows the worker to eat an out-of-service meal; and (5) if the product or workflow is damaged or destroyed by the worker`s relief from any obligation. In addition, other relevant factors may be considered, such as laws and industry regulations .B. Ultimately, it must be critically determined whether an employer can provide a properly timed meal, whether the facts and circumstances draw the conclusion that the nature of the work prevents the worker from being detached from any obligation. If an employer cannot do so, a regulated meal is against the law. “The problem is in the fast food industry, where in many late-night shifts, the only manager in charge of the restaurant is an hourly paid post manager.
Because this person must be available at all times for any questions or problems, the employee is not always able to get half an hour of uninterrupted meals. Employees eat and are paid for all the time, including the time they eat. Under these conditions and with the employee`s agreement, can the employer have a meal agreement on time with the employee? The court found that meals in use are an intermediate category that requires more workers than out-of-service meals, but fewer workers than their normal work. Although household staff are not entitled to “an uninterrupted meal hour,” according to the court, at least 30 minutes of “limited duty allowing them to eat their meal in relative tranquility.” In L`Chaim House, Inc.