|
Many
employers frequently ask exactly what are the meal and rest period requirements. The
following is a word-for-word explanation of your responsibilities towards your employees
when you have to give meal and rest periods.
INDUSTRIAL WELFARE COMMISSION ORDER NO.7-98 REGULATING WAGES, HOURS, AND WORKING CONDITIONS IN THE MERCANTILE INDUSTRY |
|
Article 7. Mercantile Industry (Order No. 7-98) Sec. 11070. Order
Regulating Wages, Hours, and Working Conditions in the Mercantile Industry. |
MEAL PERIODS
(A) No employer shall employ any person for a work period of more than five (5) hours
without a meal period of not less than thirty (30) minutes, except that when a work period
of not more than six (6) hours will complete the day's work the meal period may be waived
by mutual consent of employer and employee. Unless the employee is relieved of all duty
during a thirty (30) minute meal period, the meal period shall be considered an "on
duty" meal period and counted as time worked. An "on duty" meal period
shall be permitted only when the nature of the work prevents an employee from being
relieved of all duty and when by written agreement between the parties an on-the-job paid
meal period is agreed to.
(B) In all places of employment where employees are required to eat on the premises, a
suitable place for that purpose shall be designated.
(C) Notwithstanding any other provision of this order, employees who work shifts in
excess of eight (8) total hours in a workday may voluntarily waive their right to a meal
period. In order to be valid, any such waiver must be documented in a written agreement
that is voluntarily signed by both the employee and the employer. The employee may revoke
the waiver at any time by providing the employer at least one day's written notice. The
employee shall be fully compensated for all working time, including any on-the-job meal
period, while such a waiver is in effect.
REST PERIODS
Every employer shall authorize and permit all employees to take rest periods, which
insofar as practicable shall be in the middle of each work period. The authorized rest
period time shall be based on the total hours worked daily at the rate of ten (10) minutes
net rest time per four (4) hours or major fraction thereof.
However, a rest period need not be authorized for employees whose total daily work time
is less than three and one-half (3 1/2) hours. Authorized rest period time shall be
counted as hours worked for which there shall be no deduction from wages.
 |
