Do California Employers Have to Tell Staff About Revoking Meal Period Agreements?

HR.BLR.com

Elizabeth J. Boca, an Associate in the Employment, Labor, and Workforce Management practice, in the firm’s San Francisco office, authored an article for HR.BLR.com titled “Do California Employers Have to Tell Staff About Revoking Meal Period Agreements?”

Following is an excerpt:

By contrast, as the court found, Section 11(E) is a specific provision applicable to 24-hour residential care facilities that allows employers to "require" employees to work on-duty meal periods, provided certain conditions are met:

  • The on-duty meal period is necessary to meet regulatory or approved program standards;
  • The employee eats with residents during their meals; and
  • The employer provides the same meal to the employee at no charge.

The court noted that the word "require" under Section 11(E) would be rendered meaningless if employees could revoke the on-duty meal agreement at any time. In sum, Section 11(E) doesn't include a provision allowing employees to revoke the on-duty meal agreement. Thus, the court of appeal concluded that Care Homes wasn't obligated to inform its employees that they might have had the right to revoke the meal period agreement.