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California is considering new proposed rules that would add more flexibility regarding this state law. Presently, non-exempt employees cannot work more that 5 hours without an unpaid meal period. And, with few exceptions, they must take it! Proposed Regulations would allow nonexempt employees to take the meal period before the end of a 6 hour work period or, if they choose, not at all. How many times have employees asked to take a meal period later, or waive it and leave work early?
The DLSE earlier this year concluded statewide public hearings on the new rules, and received written comments from several interested parties, including the Employers Group.
On July 7, 2005 the DLSE distributed their latest version of the “Text of Modified Regulation” noting the changes to the latest proposed regulation. In their “Notice Of Additional Modifications To Text Of Proposed Meal And Rest Period Regulation” the DLSE set the date for comments to be received regarding the new regulations to July 25, 2005. The Employers Group is continuing to monitor, and suggest employer friendly modifications to the new regulations.
Revised 07/11/2005