On Duty Meal Breaks

In #California, #employers must provide #employees with a #30minute uninterrupted off-duty #mealbreak when the employee works over five hours. #EskridgeLaw

Some #jobs may qualify for #onduty #mealbreaks, when the nature of the #work prevents the #employee from being relieved of all duties, and when there is an #agreement in #writing. #EskridgeLaw

In a #written #agreement for #onduty #mealbreaks, it must state that the #employee may revoke the agreement, in another writing. #EskridgeLaw

A recent #California #lawsuit involving #LchaimHouse provided #employers with guidance regarding how long an #onduty #mealbreak must be. #EskridgeLaw

LchaimHouse operates a #247 #residentialcare #home for #seniors. The #employees take #onduty #mealbreaks to continue caring for the #residents. #EskridgeLaw

The #DLSE, Division of Labor Standards Enforcement, discovered that #Lchaims #employees were not taking a #30minute #onduty #mealbreak. #EskridgeLaw

Due to this #violation, the #DLSE cited #Lchaim for #wageandhour violations, and fined them $89,000. #EskridgeLaw

The #CourtofAppeal held that #mealbreaks must be at least #30minutes, regardless of #onduty or #offduty. #EskridgeLaw

The big take-away? Employers: Make sure you’re providing #employees with a #30minute #mealbreak to avoid major #wageandhour #penalties! #EskridgeLaw

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