New Meal & Rest Period Rules Give California Restaurants Much Relief

Last week, California’s Governor Schwarzenegger's administration released emergency regulations that will provide substantial relief from California's burdensome meal and rest period policies. These regulations have been approved by the Office of Administrative Law and went into effect on December 20, 2004. These new rules remove unnecessary bureaucracy, minimize litigation exposure for employers and provide greater flexibility for employees in the workplace. The new meal/rest period rules: * Clarify that the "one hour of pay" due a worker for a missed meal or rest period is considered a penalty, and not wages. * Clarify the time parameters in which meal periods may be taken; the meal period may commence in the 6th hour (not 5th hour, as has been the case). * Minimize employer liability for missed meal periods provided the employer can prove appropriate measures were taken in advance to inform employees about their allowable and available meal periods. For more information about the new meal and rest period rules, visit the Department of Industrial Relations' web site at www.dir.ca.gov or contact CRA Member Services at (800) 765-4842 x 2743.