Employees can take on-duty meal periods only in certain limited circumstances. An on-duty meal break must meet all of the following conditions:
– Is permitted only when the nature of the work prevents an employee from being relieved of all duty.
– Must be agreed to in writing by you and the employee.
– Must be paid.
– Can be revoked at any time in writing by the employee, except under Wage Order 14 (Agricultural Occupations).
– Employers take note: Use caution and consult with legal counsel before authorizing on-duty meal breaks.
– On-duty meal periods have been upheld only in very limited circumstances.
David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (818) 918-5522 or by visiting http://payablaw.com/