|ASCCA legal consultant and legislative advocate, Jack Molodanof has agreed to be a regular contributor to What You Need to Know. Each week we'll highlight an industry related question and Jack will provide an answer. |
Q: Yesterday, the California Supreme court ruled an employer is under no obligation to ensure that employees take mandatory lunch and rest breaks. Does this affect the way we schedule our shop employees?
A: The court decision resolves uncertainty over the scope of an employer's obligations to afford hourly employees meal and rest periods, the court concluded that an employer's obligation is to relieve its employees of all duty during meal periods, leaving the employees thereafter at liberty to use the period for whatever purpose they desire, but that an employer need not ensure no work is done.
With regard to when meal periods must be provided, the court concluded a first meal break generally must fall no later than five hours into an employee's shift, but an employer need not schedule meal breaks at five hour intervals throughout the shift. The court further explained that neither state statutes nor the orders of the Industrial Welfare Commission (IWC) compel an employer to ensure employees cease all work during meal periods. Instead, under state law an employer must provide its employees an uninterrupted 30-minute duty-free period during which the employee is at liberty to come and go as he or she pleases. Absent a statutorily permissible waiver, a meal break must be afforded after no more than five hours of work, and a second meal period provided after no more than 10 hours of work.
On the question of rest periods, the court explained that under the IWC's orders, employees are entitled to 10 minutes of rest for shifts from three and one-half to six hours in length, and to another 10 minutes rest for shifts from six hours to 10 hours in length. Rest periods need not be timed to fall specifically before or after any meal period.
Click here for the official ruling Press Release from the California Supreme Court.
|New Notice from NLRB Must Be Posted By April 30, 2012|
|There is a NEW notice from the NLRB (National Labor Relations Board) that most employers will need to post. This notice relates to Employee Rights Under the National Labor Relations Act. |
Employers must have the notice posted by April 30, 2012 - a delay from the January 2012 deadline previously issued by the NLRB.
The reasoning behind the NLRB's initial delay to the ruling was a desire for additional public education and outreach to the business community. The second change to the effective date can be attributed to the U.S. District Court for the District of Columbia, which requested that the NLRB postpone the effective date due to a pending legal challenge to the rule.
CLICK HERE to download the new poster.
CLICK HERE to see the Federal Register Notice announcing the postponement of the rulemaking.
CLICK HERE for more information from the NLRB website.
ASCCA Launches New Membership Drive
At February's ASCCA Team Weekend, the Board of Directors approved our new membership drive campaign for 2012, One Member Can. This campaign is designed as a tool to help us reach our goal of doubling our membership, and to remind each of you that EVERY member truly CAN make a difference in the growth of our Association.
The attached flyers were designed by the membership committee as marketing material to be used to introduce and provide information to Chapter Leadership about the One Member Can program.
The One Member Can informative, 2-page flyer is designed to be printed double-sided on 8 ½" x 11" sheets of paper, while the one page poster is designed to be a tabletop piece, printed on glossy 8" x 10" stock paper - to be place next to the 2-page flyers. There is also a 16" x 20" poster available. If you would like to display a poster of that size, please contact us directly and the template will be forwarded separately.
Please take a moment to read through the marketing material thoroughly. The more you know about our One Member Can campaign - the better you'll be at using it to engage and enlist new members! The material also contains instructions on how to report your new member sign-ups, and how you can win a new iPad.
If you need any additional information or have questions, please don't hesitate to contact Heather Vigil at (800) 810-4272 or email@example.com.
Calendar of Events
April 18, 2012
Click here for registration form.
Click here for 2012 Agenda.
ASCCA Summer Educational Conference
June 22-24, 2012
Hilton Irvine, Orange County Airport
Room Rate: $99
Hotel Reservation: Call 800.445.8667 and ask for ASCCA room rate.
Reservation deadline: June 5, 2012
2012 Attendee Brochure
2012 Exhibitor Brochure
September 29-30, 2012
Embassy Suites, Sacramento
Room Rate: $149
Reservation deadline: September 7
December 8-9, 2012
Embassy Suites, Sacramento
Hotel Reservation: COMING SOON
Room Rate: $149
Reservation deadline: November 16