Evidence was presented in court that a number of workers entered into an agreement on the meal of service period, which provided that the worker would cede his right to revoke the agreement at any time “by at least one (1) working day” to the employer. The court found that information on the one-day retraction was stagnant, did not meet the requirements of the existing wage regime by allowing the worker to revoke the agreement on the mandatory meal period at any time. As a result, the agreement on the refuelling period was legally invalidated. The Court considered whether the obligation to relieve a worker of any obligation was met when a worker must remain on demand. In a clear derogation from the previous factual approach to determining whether on-call time was working time, the majority concluded that rest periods were strictly inadmissible. The Court justified this decision by the fact that the admission of the courts to the question of whether the duty of custody disproportionately affected the ability of a worker to take an uninterrupted period of rest would have the effect of “making less clear and much more important administrative complexes”. Recent court decisions in California provide additional guidance on the appropriateness of california`s rest and meal periods. As a general rule, employers are required to authorize and provide non-exempt workers with meal and rest periods. Under california Industrial Welfare Commission (IWC) salary regulations, employers must provide at least 10 minutes of paid rest for each of the four hours of work and a 30-minute out-of-service meal before the end of the fifth hour of a shift. Rest is not required if an employee`s total daily working time is less than three and a half hours.

A worker whose working time does not exceed six hours per day may, by mutual agreement between the worker and the employer, waive the necessary meal time. Under California(IWC Orders and Labor Code Section 512), workers must be equipped with a 30-minute meal if the working time is more than five hours (more than six hours for film industry employees covered by CBI Order 12-2001). If the employer requires the worker to remain in the workplace or facility during the meal period, the meal time must be paid. The same is true when the worker is exempt from all tasks during the meal period. Bono Enterprises, In. Bradshaw (1995) 32 Cal.App.4th 968. Recently, the California Court of Appeal in Driscoll v. Granite Rock Company[7] clarified an employer`s obligation with respect to mealtimes. Granite Rock Company was busy making and transporting concrete, and the plaintiffs were “driver masts” whose mission was to help load concrete into the mixing trucks and to provide freshly mixed concrete to customers.