DLSE Holds Second of Two Public Hearings
Posted by David V. Greco On August 9, 2007, the Division of Labor Standards Enforcement ("DLSE") held its second public hearing – this one in Los Angeles – to hear comments regarding meal and rest break laws and regulations in California (the first session of the DLSE's public forums was held in Sacramento on August 2, 2007; please see August 3rd blog entry). The DLSE held these public hearings to allow both employers and employees the opportunity to explain how California meal and rest break laws affect their day-to-day work lives. Similar to the Sacramento session, this topic sparked very heated and passionate comments by both employers and employees. Interestingly, employees in various industries spoke in favor of modifying the laws to provide more flexibility with respect to when they may take their meal breaks during the work day. Both the healthcare and transportation industries were represented in extremely high numbers. The majority of the nurses and drivers who spoke expressed their frustration with the current state of the law mandating that they must take their meal breaks at or before the five hour mark during their work day. Many nurses commented on the impracticality of being forced to immediately stop tending to patients because they must take their breaks or face disciplinary action. Drivers also expressed their frustration, explaining that it is almost impossible and extremely dangerous to expect them to comply with the law by pulling their vehicles off the road to ensure that they do not violate the five hour requirement. On the other hand, there were also employees in attendance who voiced their concern that any modification of the current laws would result in employers taking away their right to meal and rest breaks. Several of the employees who opposed any changes testified about the poor working conditions in their current workplaces, and the fact that they are not permitted to take any breaks. Representatives of employee advocacy organizations in attendance claimed that any leniency in this area would reduce productivity and increase work-related injuries. The employers who attended the hearing uniformly testified that they had no interest in eliminating breaks for employees; rather, they simply want some flexibility in this area, both for themselves and their employees. They complained that the current laws are too confusing, unrealistic, and overly burdensome, and that the DLSE needs to provide greater guidance on these issues. Many of the employers also stated that the current laws have a detrimental effect on their employees. For example, some employers testified that their employees sometimes ask to forego meal breaks in order to leave work early to tend to personal matters. Under the current state of the law, employers cannot consent to this arrangement, which in turn causes friction between employees and management. Additionally, employers in the restaurant industry indicated that their employees complain that taking breaks has a detrimental effect on their tip income. The employers who attended this hearing also made reference to the recent increase in litigation for alleged meal and rest break violations, including class actions, which are financially crippling some businesses. Please note that the DLSE will accept written comments and legal briefs on these issues until August 31, 2007.