The California Division of Labor Standards Enforcement (DLSE) has revised proposed
meal and rest period regulations and is seeking comment.
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In addition, the DLSE sent letters to those who submitted written comments
informing them of the revisions to the proposed regulations and outlining the
15-day comment period for further feedback from the public.
Three public hearings were held throughout California in February and March
of this year asking for comments regarding the proposed meal and rest period
regulations.
The revised proposed meal and rest period regulations include language which
specifies that agricultural workers are not affected by the new regulations
as stated in Labor Code section 554(a); strengthens employees' rights to take
a meal period; and protects employees from retaliation for exercising this right,
according to the DLSE.
Furthermore, the revised language states that not only does an employer have
to keep accurate time records to prove that workers have taken their meal periods,
but has to provide employees with a meal period, and that even though an employer
can prove a meal period has been taken an employer is not off the hook for not
maintaining accurate time records.
Other areas that were clarified include defining a work period to mean when
an employee begins work and stops for the day.
To view the revised proposed meal and rest period regulations, visit www.dir.ca.gov/dlse/mrpregs.htm.