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California appeals court backs flexible rules on meal breaks
By Dale Kasler - dkasler@sacbee.com
Published 12:00 am PDT Wednesday, July 23, 2008
Story appeared in BUSINESS section, Page D1
The long-running dispute about California's rules governing on-the-job meal breaks flared up again Tuesday, with an appeals court ruling in favor of flexible policies favored by employers.
The 4th District Court of Appeal said employers aren't responsible for making sure their workers take their meal and rest breaks. The employers are only obliged to make those breaks available, the court said.
The state's restaurant association said the decision is good news for employer and employee alike, providing flexibility that both sides crave. Gov. Arnold Schwarzenegger also applauded the decision.
But the top labor organization in California said the decision leaves workers open to coercion by supervisors who don't want employees taking breaks.
The issue has been simmering in the courts and the Governor's Office for several years. Schwarzenegger ran into considerable opposition from labor in 2004 when he proposed liberalizing the rules. He dropped the idea.
Tuesday's decision involves a lawsuit filed by employees in San Diego against Brinker Restaurant Corp., a Dallas chain that operates Chili's, Romano's and other restaurants in California.
Jot Condie, president of the California Restaurant Association, said the decision means workers will have greater flexibility in deciding when to take a break. That's particularly important for waiters and waitresses who depend heavily on tip income and don't want to take off during busy times, he said.
Because of this decision, "they as grown-ups have the ability to make a decision" when to take a break, he said.
But Angie Wei, legislative director at the California Labor Federation, said she's worried that workers will be "harassed, intimidated" into skipping meal breaks.
She said an appeal is likely.
About the writer:
- Call The Bee's Dale Kasler, (916) 321-1066.
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