Meal Breaks Replay from Employee.
I just asked a question regarding meal breaks
and compensation. The response was that the employer
must grant a meal break. Due to the nature of our work (monitoring satellite signals)
doesn't allow us a break. The Company understands (or used to) that
we are unable to take a break and have been compensating us for it.
Now they want to stop compensation and still not allow a break.
Answers (1)
Meal Breaks
These answers must be short, and the law is long.... If the nature of the work does not allow a meal period, the employer and employee must agree in writing that the on-duty meal period will be counted as hours worked. Absent a written agreement, there is a violation. I must emphasize, however, that there is a very strict interpretation of what type of work does not allow a meal period. If there are multiple employees, I do not understand what about monitoring signals prevents a meal period. Lots of people monitor things, and staggered meal periods, or other solutions are available. Therefore, I doubt, that under any circumstances, the comapny can get away without meal periods. Penalties are significant, and the Labor Code requires the employer to pay attorneys fees, costs, interest and penalties.
Harvey Berger
Pope & Berger
619 595-1365
berger@popeberger.com
posted by Harvey Berger | Mar 19, 2002 8:00 PM [EST]
These answers must be short, and the law is long.... If the nature of the work does not allow a meal period, the employer and employee must agree in writing that the on-duty meal period will be counted as hours worked. Absent a written agreement, there is a violation. I must emphasize, however, that there is a very strict interpretation of what type of work does not allow a meal period. If there are multiple employees, I do not understand what about monitoring signals prevents a meal period. Lots of people monitor things, and staggered meal periods, or other solutions are available. Therefore, I doubt, that under any circumstances, the comapny can get away without meal periods. Penalties are significant, and the Labor Code requires the employer to pay attorneys fees, costs, interest and penalties.
Harvey Berger
Pope & Berger
619 595-1365
berger@popeberger.com
posted by Harvey Berger | Mar 19, 2002 8:00 PM [EST]
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