Meal and Rest Break Requirements

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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.

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Current Regulatory RequirementsMeal 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.

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Current Regulatory RequirementRest 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.

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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.

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Issues During NegotiationsUnion 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.

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Issues During NegotiationsTransit 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.

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Application of Meal and Rest BreaksSacramento
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.

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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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Questions?