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CA 30 minute meal after 5 hours
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CA 30 minute meal after 5 hours
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We have employees who work in production, where we really need to keep the machines running and have "relief operators" take over while the regular operators eat lunch. It has recently been brought to
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CA 30 minute meal after 5 hours

posted at 8/12/2010 1:57 PM EDT
Posts: 160
First: 12/5/2002
Last: 4/26/2011
We have employees who work in production, where we really need to keep the machines running and have "relief operators" take over while the regular operators eat lunch. It has recently been brought to my attention that these relief operators are not starting their lunched until after 6 hours.

We could move the schedule up to meet the 5 hour requirement, but then we would have some employees eating lunch during their 2nd hour of an 8 hour shift. I do not see any requirement in the wage order #1 that the lunch break be given LATER than a particular time, only that it be before 5 hours.

The spirit of the regs are to have the meal midway through the shift, but if we move our schedules to be complaint, we will be sending employees too early in my opinion.

Does anyone know of DLSE opinion letters on what to do when the lunches need to be staggered like this?
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CA 30 minute meal after 5 hours

posted at 8/16/2010 7:45 AM EDT
Posts: 160
First: 12/5/2002
Last: 4/26/2011
Eureka! I had an epiphany! After thinking about the wording, there is a 2 1/2 hour block the lunches must land in.

the IWC wage order says
"No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than
30 minutes"

This means that the lunch must start no later than the end of the 5th hour. This also means that the lunch can begin no sooner than the end of the 3rd hour. If the lunch were to start sooner, then the employee would end up working more than 5 hours without a meal break at the end of the shift.
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