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Meal and Rest Break Requirements

Regulatory Background. Meal and rest breaks defined in wage order

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Meal and Rest Break Requirements

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    1. Meal and Rest Break Requirements Presented by; Mark Lonergan Chief Operating Officer Sacramento Regional Transit District

    2. 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 requirement. In 2002/2003 the lobby representing public transit labor unions launched a legislative effort to repeal the exemption for meal and rest breaks.

    3. 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 negotiations.

    4. Current Regulatory Requirements Meal Breaks Wage Order #9 no longer completely exempts public transit drivers from the meal and rest break requirement. 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.

    5. 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.

    6. 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.

    7. Benefits of Negotiated Language Provided for limited local tailoring of meal and rest break language in Collective Bargaining Agreements. 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.

    8. 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.

    9. 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.

    10. 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 periods. Transit systems need the flexibility to work out the specifics of meal and rest breaks with their own union locals.

    11. 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.

    12. 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.

    13. Questions?

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