(June 19, 2008) A California Chamber of Commerce-opposed bill that fails to help stop unjustified and unreasonable class action litigation against employers is scheduled to be considered by a Senate policy committee next week.
AB 1711 (Levine; D-Van Nuys), sponsored by the California Labor Federation, fails to provide ALL employees and employers in California with a clear solution to current meal period challenges. The current interpretation of the law by the state enforcement agency is so rigid that employers are forced to police their workforce in order to ensure that their employees are taking their meal periods.
The CalChamber believes that legislation is needed to clarify and address the numerous problems associated with the current rules; however, AB 1711 does not address the fundamental problems that employers and employees face in implementing Labor Code Section 512.
“This law is a confusing muddle that exposes employers to an unjustified risk of costly class action litigation, said CalChamber Policy Advocate Marti Fisher. “Further, it provides employers and employees alike with no meaningful ability to manage how employees eat and rest during their daily workday.”
The current enforcement interpretation does not allow flexibility for employees to voluntarily skip the meal or take it at a time more convenient to them. AB 1711 does not clarify this fundamental challenge that both employers and employees face in every workplace.
Every industry faces its own unique challenges in complying with the meal period rules. The CalChamber remains committed to a comprehensive solution to address the challenges across all industries, all job classifications and all employers — union and non-union.
California’s troubled economy is too fragile to continue to subject businesses to an environment that promotes unjustified and unreasonable class action litigation.
Despite claims to the contrary, there is a comprehensive solution that would provide a remedy. The solution was contained in the language of CalChamber-sponsored SB 1539 (R.Calderon; D-Montebello) as introduced on February 22.
Specifically, CalChamber supports clarification of the meal period requirements with changes that, at a minimum, would:
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Clarify the employer’s duty to “provide the employee with” a meal period as giving the employee an opportunity to take the meal period. This clarification allows greater flexibility for employees.
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Define the appropriate situations in which an employee and employer may enter into an on-duty meal period agreement.
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Allow unions and employers to collectively bargain on the issue of meal periods.
Action Needed
AB 1711 is scheduled to be considered by the Senate Industrial Relations Committee on June 25. Contact your senator and committee members and urge them to oppose AB 1711 and to instead support the comprehensive solution contained in the language of SB 1539.
For a sample letter visit, www.calchambervotes.com.
Staff Contact: Marti Fisher
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Labor and Employment