Legal Question in Employment Law in California
does AB 569 a new law as of 1-1-2011 nullify paid lunch penalty under wage order #1, if the bargaining agreement has meal period provisions in it,and meets all requirements of AB 569 section (E) #1, in relation to section (F) #2.
contract meal provision
#1 the lunch period shall commence and end between three and one-half and five and one-half hours after starting time and shall be thirty minutes long.
#2no employee shall be required to work more than five hours from start of his shift without a meal period of thirty minutes,unless prevented from doing so due to work requirements.
the contract in place has 10 month's remaining of a 48 month span.
thank you for your time on this (HELP)
2 Answers from Attorneys
When you are talking about unions and CBA, talk to your union. You have no private rights of enforcement except grievance, or if for unpaid compensation, then a claim with the Labor Commissioner after you've attempted a grievance.
The collective bargaining agreement trumps the code. As Mr. Nelson suggested, talk to your union.
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