California employers have been looking forward to a new regulation that would add some flexibility to the law requiring meal and rest breaks for employees. But the wait will be longer than anticipated.
The Division of Labor Standards Enforcement (DLSE), which issued the proposed meal and rest break regulation on January 14, 2005, had one year to complete the rulemaking process and promulgate a final rule. But the January 14, 2006 deadline has now come and gone–which means the agency will have to start over.
The delay is an unfortunate development for employers, as the law on when meal breaks must be taken is murky. And, going after employers for meal and rest break violations, even seemingly minor ones, has become a favorite topic for class action suits here in the Golden State.
For a primer on the existing meal and rest break law, which employers must strictly follow, see the March 2004 issue of the California Employer Advisor.
The HR Management & Compliance Report: How To Comply with California Wage & Hour Law, explains everything you need to know to stay in compliance with the state’s complex and ever-changing rules, laws, and regulations in this area. Coverage on bonuses, meal and rest breaks, overtime, alternative workweeks, final paychecks, and more.
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