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Q.Can the employer require an employee to stay on the premises during the meal period?
A.Yes, so long as the employee is relieved of all work duties or falls into the exception that permits an employer to provide "on duty meal periods." However, if the employer requires an employee to stay on the premises, the employer must pay the employee his or her regular rate of pay for the meal period and provide the employee with a break room in which there is a table and chair(s), refrigerator to store meals and a microwave to warm food and beverages. Minor exceptions to this general rule exist under IWC Order 5-2001 for healthcare workers.
If you would like assistance with filing a California wage claim with either the California Labor Commissioner or a California Small Claims Court, call 818-849-5206 or email Melissa C. Marsh, Esq. to speak with a licensed California attorney. Mention this article and receive a 30-minute consultation for just $99.
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