Meal periods spent confined to the employer's premises count as hours worked

STATE OF CALIFORNIA GEORGE DEUKMEJIAN, Governor

DEPARTMENT OF INDUSTRIAL RELATIONS

DIVISION OF LABOR STANDARDS ENFORCEMENT
525 GOLDEN GATE AVENUE
SAN FRANCISCO, CA 94102
ADDRESS REPLY TO:
P.O. BOX 603
San Francisco, CA 94102

                                                                             IN REPLY REFER TO:

1988.01.05

January 5, 1988

Mr. Richard S. Rosenberg
Ballard, Rosenberg & Golper
13 Universal City Plaza, 16th Floor
Universal City, CA 91608

Dear Mr. Rosenberg:

This is in reply to your letter of December 18, 1987 regarding the Division's application of Section 11 of the Industrial Welfare Commission orders when employees are required to remain on the employer's premises during meal periods.

The Division has historically taken the position that unless employees are relieved of all duties and are free to leave the premises, the meal period is considered as "hours worked."

This issue was the subject of a request for a preliminary injunction in the Superior Court of Sacramento County (enclosed are the Division's Points and Authorities, setting forth our position).

The court refused to issue the injunction. Therefore, it is still the Division's position that meal periods that restrict employees to the employer's premises must be paid as "time worked."

I hope this answers your questions, if not, please let me know.

Very truly yours,

Lloyd W. Aubry, Jr.
State Labor Commissioner
LWA/st
Enclosure

DLSE 905