You are the President of a small California company. One of your non-exempt employees*, Richard Becker, wrote you an email complaining that his boss, Marla Long, doesn't allow him totake proper lunch breaks. Richard is an executive assistant in the Marketing Department. ReadRichard's email and information regarding California meal break law.You can assume that thefacts in Richard's email are accurate. You can assume that Marla doesn't know about orproperly understand the law regarding meal breaks. Please write an email to Marla regardingRichard's complaint and provide Marla with guidance moving forward. You want Marla to be receptive to your message so be mindful of tone.

Your email should be no more than 2 pages, 12-point Times New Roman Font, 1.5 line spacing.

Email from Richard Becker to President

To: President From: Richard Becker Date: October 26, 2021 Re: Lunch Break Complaint

Dear President:

I enjoy working for your company, but I'm writing you because Marla isn't letting me take lunchbreaks when she should. I work Monday-Friday, 8:00 am-5:00 pm,and usually she won't letme take lunch until 2:00 pm. Sometimes she makes me sit at my desk and eat lunch. When she does let me leave my desk to take lunch break, she often calls me back to my desk after only 15minutes. On Monday, I didn't take a lunch until 1:45 pm. That day I got 30 minutes. On Tuesday, I got a lunch at 12:30 pm but had to take it at my desk. On Wednesday, I took a 25-minute lunch at 2:00 pm. I know this isn't right. I've brought this up to Marla but she says that aslong as I get to eat, everything is fine. Would you please look into this and help if you can?

Sincerely, Richard Becker

*Non-exempt employees are employees who are protected by California's wage and hourlegislation, which includes overtime laws and laws requiring rest and meal breaks.

California Labor Code Section 512(a)

An employer shall not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. An employer shall not employ an

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employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and the employee only if the first meal period was not waived.

California Labor Code Section 226.7(c)

If an employer fails to provide an employee a meal or rest or recovery period in accordance with a state law, including, but not limited to, an applicable statute or applicable regulation, standard, or order of the Industrial Welfare Commission, the Occupational Safety and Health Standards Board, or the Division of Occupational Safety and Health, the employer shall pay the employeeone additional hour of pay at the employee's regular rate of compensation for each workday thatthe meal or rest or recovery period is not provided.

https://calaborlaw.com/california-meal-break-law-for-employees/ California Meal Break Law Chart

Hours on the Clock

0-5 hrs 5:01-10 hrs 10:01-15 hrs 15:01-20 hrs 20:01-

California Meal Break Law Requirements

Meal Breaks

0 1 2 3 4

If you work over 5 hours in a day, you are entitled to a meal break of at least 30 minutes that must start before the end of the fifth hour of your shift. BUT, you can agree with your boss to waive this meal period provided you do not work more than 6 hours in the workday.

If you work over 10 hours in a day, you are entitled to a second meal break of at least 30 minutes that must start before the end of the tenth hour of your shift. You can agree with your boss to waive the second meal break if you do not work more than 12 hours and you did not waive your first meal break.

You must be allowed to take your meal break off work premises and spend your break how you wish, since it is off the clock.

You cannot be required to work during any required meal break.

As of 2012, your boss has an affirmative obligation to ensure that breaks are made

available to you but the actual taking of meal breaks is left to the employee. In other

words, you are responsible for "breaking" yourself.

Rest breaks and meal breaks are supposed to be separate, they should not be combined.

Your boss cannot give you a single 1-hour break and say that that counts as all of your meal breaks and rest breaks.

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https://www.dir.ca.gov/dlse/FAQ_MealPeriods.html

Q. What are the basic requirements for meal periods under California law?

A. Under California law (IWC Orders and Labor Code Section 512), employees must be provided with no less than a thirty-minute meal period when the work period is more than five hours (more than six hours for employees in the motion picture industry covered by IWC Order 12-2001).

Unless the employee is relieved of all duty during the entire thirty-minute meal period and is free to leave the employer's premises, the meal period shall be considered "on duty," counted as hours worked, and paid for at the employee's regular rate of pay. An "on duty" meal period will be permitted only when the nature of the work prevents the employee from being relieved of all duty and when by written agreement between the employer and employee an on-the-job meal period is agreed to. The test of whether the nature of the work prevents an employee from being relieved of all duty is an objective one. An employer and employee may not agree to an on-duty meal period unless, based on objective criteria, any employee would be prevented from being relieved of all duty based on the necessary job duties. Some examples of jobs that fit this category are a sole worker in a coffee kiosk, a sole worker in an all-night convenience store, and a security guard stationed alone at a remote site.

Q: My employer is not allowing me to take a meal period. Is there anything I can do about this situation?

A: Yes, there is something you can do if you are covered by the meal period requirements of the law. If your employer fails to provide the required meal period, you are to be paid one hour of pay at your regular rate of compensation for each workday that the meal period is not provided. If your employer fails to pay the additional one-hour's pay, you may file a wage claim with the Division of Labor Standards Enforcement.

Q. Can my employer require that I stay on its premises during my meal period?

A. Yes, your employer can require that you remain on its premises during your meal period, even if you are relieved of all work duties. However, if that occurs, you are being denied your time for your own purposes and in effect remain under the employer's control and thus, the meal period must be paid.

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