Client Alert -Employers Pay For California Cuisine

There's no such thing as a "free lunch" — unless you're a California employee at a work-related meal-time meeting.

California has strict rules and regulations governing employee meal breaks, with harsh penalties for violations. The meal break rules are enforced by the Division of Labor Standards Enforcement (DLSE), also known as the "Labor Commissioner." Recently, the DLSE revised its policies about working lunches and meal-time training.

On March 20, 2007, the DLSE modified its Policies and Interpretations Manual to now state:

Meal Time Training Or Client Meetings. If an employee is required by the employer to attend a luncheon, dinner or other work related meal, or training accompanied by a meal, the employer must pay for the cost of the meal and the employee must be paid at the employee's regular rate....

Previously, the DLSE had issued Opinion Letters that said that employers had to pay for food if employees were required to entertain customers or attend work-related meetings in a restaurant. However, the DLSE hadn't addressed paying for a "let's-order-take-out-sandwiches" meeting before now.

Now, when employees in California are required to attend a work-related function during a meal, the employer is expected to pick up the tab for food and beverages.

Note: California employers must also remember that the Wage Orders require "off-duty" meal breaks and that there are no exceptions for a working lunch. Thus, non-exempt employees required to attend a meal-time meeting are entitled to be paid for the time, plus an extra hour of pay at their regular rate.

Sincerely,
The Team at HR NETwork
Phone: 714.799.1115
Fax: 714.898.2731
www.hrnetworkinc.com