An Administrator's Guide to California Private School Law

Chapter 6 – Wage And Hour Laws

In Troester v. Starbucks Corporation , the California Supreme Court pointed out that the principle of de minimis time was different from the principle that permits rounding of time on timekeeping systems because those systems round both up and down and are fair and neutral on their face. 580 In contrast, a system that requires an employee to keep working after punching out of the time clock system, with no way to capture that time is not allowed and may not be justified as de minimis time. 581 E. M EAL P ERIODS 1. B ASIC R EQUIREMENTS All non-exempt employees are entitled to a 30 minute break after five hours worked. The meal break must begin no later than the start of the sixth hour of the employee’s work shift. 582 If the employee’s shift is longer than 10 hours, the school must provide a second 30 minute meal period. 583 During a meal period, a non-exempt employee must be relieved of all duties. Schools must keep records of meal breaks taken by non-exempt employees. 584 2. W AIVER O F M EAL B REAKS An employee can voluntarily waive a meal period if the employee’s workday is no more than six hours by mutual consent of the school and employee. Where the work day is longer than 10 hours but shorter than 12 hours, the second meal period may by waived by mutual consent of the school and employee as long as the employee has not waived the first meal break. 585 Schools should require the employee to sign a written waiver for each waived meal break or for a specified period of time covering waived meal breaks. 3. R EQUIREMENTS I MPOSED D URING M EAL P ERIODS During a meal period, employers must relieve employees of all duties and relinquish any employer control over the employee and how he or she spends the meal period. 586 Unless the employee is relieved of all duty during a 30 minute meal period, the meal period shall be considered an “on duty” meal period and counted as time worked. An “on duty” meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty and when by written agreement between the parties an on-the-job paid meal period is agreed to. The written agreement shall state that the employee may, in writing, revoke the agreement at any time. 587 The “nature of the work” exception applies in two general situations: (1) where the work has some particular, external force that requires the employee to be on duty at all times, and (2) where the employee is the sole employee of a particular employer. 588 If the school requires employees to stay at work during the break, the school must designate a suitable place for the break. However, if the employee is not allowed to leave during the meal period, even if the employee is relieved of all duty, the time is considered within the control of the school and constitutes “hours worked.” 589 Additionally, if a school imposes any requirements on the employee during the meal break, such as responsibility for monitoring a playground, the meal period will be considered hours worked. 590

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 168