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Employment Article
DLSE Withdraws Emergency Regulations and Issues New Meal and Rest Period Rules
On Monday, December 20, the California Division of Labor Standards Enforcement (DLSE) withdrew from consideration the emergency regulations it had proposed on December 10 that would have clarified the rules concerning meal and rest periods in California. The emergency regulations, which would have lasted 120 days, are now of no force and effect.
In place of the emergency regulations, the DLSE issued a Notice of Proposed Rulemaking and promulgated regular regulations that will take effect following a public comment period and hearings. The newly proposed regulations largely mirror the emergency regulations that the DLSE withdrew. However, they add examples that clarify when an employer is obligated to provide a meal period and when that obligation, once triggered, must be satisfied.
Although the DLSE withdrew the emergency regulations, thereby preventing them from taking effect, the agency also removed from its website previously issued opinion letters related to meal and rest periods. The DLSE issued a statement indicating that the newly proposed regulations would serve as the agency’s enforcement position until such time as they were adopted.
Hearings on these rules have been set for February 4 in Los Angeles and February 8 in San Francisco. In addition, the DLSE has indicated that a hearing will be scheduled in Fresno at a date to be determined.
If you have questions regarding the newly proposed regulations, please contact the Ogletree Deakins attorney with whom you normally work or the Client Services department at (800) 603-1252.
Source: http://ogletreedeakins.inherent.com/images/ns_attachment/attachment85.pdf
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