Unless an employee is relieved of all duty during his or her 30 minute meal period, the meal period is to be considered an “on duty” meal period that is counted as hours worked. Any time that is considered to be on duty has to be compensated the employee’s regular rate of pay.
An “on duty” meal period must be permitted only when the nature of the work prevents an employee from being completely relieved of all duty and when the written agreement between the employee and employer an on-the-job paid meal period is agreed to. Please note that the written agreement must clearly state that the employee may revoke the agreement at any time. This law is according to IWC Orders 1-15, Section 11, Order 16, and Section 10.
David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/