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Meal and Rest Breaks Requirements


									Meal and Rest Break
            Presented by;
           Mark Lonergan
       Chief Operating Officer
 Sacramento Regional Transit District
        Regulatory Background

• Meal and rest breaks defined in wage order #9
  adopted by the Industrial Welfare Commission.
• Wage order #9 historically exempted drivers of a
  public transit system from the meal and rest break
• In 2002/2003 the lobby representing public transit
  labor unions launched a legislative effort to repeal
  the exemption for meal and rest breaks.
               CTA Efforts

• CTA formed a committee to oppose union efforts
  to remove transit exemption from wage order #9.
• CTA committee changed direction once it became
  clear that the exemption was going to be
  eliminated. CTA efforts focused on a negotiated
  solution with Lobbyist/Unions.
• Current regulations are a product of the
  Current Regulatory Requirements
            Meal Breaks
• Wage Order #9 no longer completely exempts
  public transit drivers from the meal and rest break
• The regulation requires a meal break of not less
  then 30 minutes for an employee working more
  then 5 hours. For work more then 10 hours a
  second 30 minute meal break is required.
• Failure to provide the break results in a 1 hour
  penalty pay for each day the break is not provided.
  Current Regulatory Requirement
           Rest Breaks

• The regulation requires a 10 minute rest
  break for each 4 hour period of work.
• Failure to provide the rest break results in 1
  hour of penalty pay for each day the rest
  break is not provided.
         Negotiated Provision
• Prior to 2004, Wage Order #9 exempted Public
  Transportation Drivers from the meal and rest
  break requirements.
• In 2004, Wage Order #9 was amended
  modifying the exemption requiring public
  transit bus drivers to be covered by a collective
  bargaining agreement that expressly provides
  for meal and rest periods, is subject to binding
  arbitration, has a premium pay rate for all
  overtime hours worked and has a regular
  hourly rate of pay at least 30 percent more then
  the State minimum wage.
Benefits of Negotiated Language
• Provided for limited local tailoring of meal and
  rest break language in Collective Bargaining
• Provided for schedule recovery time to be
  considered as a part of meal and rest break time.
• Provides flexibility as to when and how rest and
  meal breaks are scheduled.
• Provided the opportunity to limit penalty pay.
Drawbacks to Negotiated Language

• Exemption limited to transit systems with
  collective bargaining agreements, binding
  arbitration, a premium wage rate for
  overtime and a regular pay rate 30% above
  minimum wage.
• Still requires meal and rest breaks that meet
  the intent of the wage order.
       Issues During Negotiations
            Union Concerns
• The Union position was that public transit drivers
  were not receiving regular meal and rest breaks
  sufficient to allow them to eat and use a restroom
  during the course of their work day.
• The Unions expressed the view that many public
  transit systems in the State have not added the
  resources needed to keep their service on time.
  Late running buses and trains results in drivers not
  having adequate breaks.
        Issues During Negotiations
         Transit System Concerns
• Public transit work is constructed differently from other
  more “traditional” jobs, and meal and rest breaks are not
  easily incorporated into public transit work assignments
  without adversely impacting the rider.
• Meal and rest breaks that are not provided will result in
  penalty pay adversely impacting the operating budgets for
  many of the systems in the State.
• Any change to the wage order needs to include schedule
  recovery time in the calculation of meal and rest break
• Transit systems need the flexibility to work out the
  specifics of meal and rest breaks with their own union
Application of Meal and Rest Breaks
Sacramento Regional Transit District
• Negotiated meal and rest break language in 2004.
• Agreement requires the provision of 50 minutes for work
  shifts over 5 hours.
• Allows recovery time of over 10 minutes to count toward
  meal and rest break time.
• Results in one 1 hour penalty pay per day for runs that are
  not meal and rest break compliant.
• Establishes labor/management committee to administer
  claims for penalty pay and other issues related to the
  implementation of the meal and rest break requirement.
         Implementation Impacts

• Most routes experienced slipped headways to
  accommodate meal and rest breaks.
• 22% of Bus Schedules are subject to penalty pay.
• Impact to budget – over $400,000 per year in bus
  service penalty pay.
• Labor/management committee very effective in
  administering implementation of meal and rest
  break requirements.
• No significant labor concern over bringing penalty
  runs into compliance.

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