On-Duty Meal Period Agreement Pdf

In California, an employer cannot employ a worker for more than five hours of work per day without giving the worker a meal of at least thirty minutes, except that if the worker`s total working time per day does not exceed six hours, the meal period may be waived by both the employer and the worker. A second meal of at least thirty minutes is required when a worker works more than ten hours a day, except that if the total working time does not exceed 12 hours, the second meal can only be cancelled with the mutual agreement of the employer and the worker, if the first meal has not been cancelled. Labour Code Section 512. However, film industry workers cannot work more than six hours without a meal of at least 30 minutes or more than an hour. And a later meal must be called no later than six hours after the end of the previous meal. Order IWC 12-2001, Section 11 (A) Under California law (CBI orders and Labour Act512), employees must be equipped with a 30-minute meal if the working time is more than five hours (more than six hours for employees of the film industry, which falls under the IWC 12-2001 order). Unless the worker is relieved of any obligation during his thirty-minute meal, meal time is considered a “service” meal, which is counted as hours worked and must be compensated at the worker`s normal wage rate. A “service” meal period is only permitted if the type of work prevents a worker from being exempted from any obligation and agreeing to a meal period paid in the workplace by written agreement between the employer and the worker. The written agreement states that the worker may revoke the contract in writing at any time. Orders of CBI 1 -15, section 11, order 16, section 10. It is objective to check whether the nature of the work prevents a worker from being removed from any obligation. The employer and the worker cannot accept a service meal unless objective criteria prevent a worker from being exempted from any obligation because of the required work obligations.

Some examples of jobs that fit this category are a single worker in a coffee kiosk, a single worker in a store for the night and a security guard who is alone parked in a secluded location.

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