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<blockquote data-quote="Maui" data-source="post: 3311525" data-attributes="member: 45037">Where in the law is a hot meal required? Or going home? Or a cafeteria? A space is required for on-duty meal breaks, which are paid anyway. When I was in CA most drivers took break between the 4th or 5th hour typically. We had extended routes and the drivers just parked in a safe space off the road and took a break. There was no where to go except the truck or just outside of it. Most people would have preferred to take a break later, but CA law would not allow them to wait until reaching a better location. I&#039;m not convinced that Brinker would disallow the break based on the ruling. It clearly meets 3 of the 4 points required and the only debate would be reasonableness when it was initially unplanned and even that is weak as nowhere in the law does it state that employers are required to provide food for off-duty meal breaks. Your argument rests on that food availability. Clearly, there is no interruption of the 30 minutes. The claim rests on whether it can be a meal break if you have difficulty obtaining food. I&#039;m not sure of the employers obligation there.</blockquote>

[QUOTE="Maui, post: 3311525, member: 45037"] Where in the law is a hot meal required? Or going home? Or a cafeteria? A space is required for on-duty meal breaks, which are paid anyway. When I was in CA most drivers took break between the 4th or 5th hour typically. We had extended routes and the drivers just parked in a safe space off the road and took a break. There was no where to go except the truck or just outside of it. Most people would have preferred to take a break later, but CA law would not allow them to wait until reaching a better location. I'm not convinced that Brinker would disallow the break based on the ruling. It clearly meets 3 of the 4 points required and the only debate would be reasonableness when it was initially unplanned and even that is weak as nowhere in the law does it state that employers are required to provide food for off-duty meal breaks. Your argument rests on that food availability. Clearly, there is no interruption of the 30 minutes. The claim rests on whether it can be a meal break if you have difficulty obtaining food. I'm not sure of the employers obligation there. [/QUOTE]

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