California, United States of America
The following excerpt is from Lubin v. Wackenhut Corp., 210 Cal.Rptr.3d 215, 5 Cal.App.5th 926 (Cal. App. 2016):
IWC wage order No. 4-2001, codified in California Code of Regulations, title 8, section 11040, subdivision (11)(A), governs an employer's obligation to provide meal breaks to hourly security guard employees. (Faulkinbury v. Boyd & Associates, Inc. (2013) 216 Cal.App.4th 220, 233, 156 Cal.Rptr.3d 632 (Faulkinbury ).) Under that order, "[n]o employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than 30 minutes, except that when a work period of not more than six (6) hours will complete the day's work the meal period may be waived by mutual consent of the employer and the employee. Unless the employee is relieved of all duty during a 30-minute meal period, the meal period shall be considered an on duty meal period and counted as time worked. An on duty meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty and when by written agreement
[210 Cal.Rptr.3d 225]
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