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Assemblymember Michael Villines State Capitol Room 3104 Sacramento, CA 94249-0029 Dear Assemblymember Villines: I am urging you to insist on a comprehensive solution to the meal period litigation crisis. I believe there is a comprehensive solution that would provide a remedy across all industries, all job classifications and all employers — both union and non-union. Current law is confusing and has led to costly litigation against California businesses. Historically, state enforcement officials have interpreted the statute and related regulations narrowly and unreasonably, wrongly increasing employer liability. AB 1711, sponsored by the California Labor Federation, fails to provide ALL employees and employers in California with a clear solution to current meal period challenges. The current interpretation of the law by the state enforcement agency is so rigid that employers are forced to police their workforce in order to ensure that their employees are taking their meal periods. At an April 9 hearing, the Senate Labor and Industrial Relations Committee amended SB 1539 to declare the Legislature’s intent to clarify the meal period law, then passed the bill by a unanimous vote to provide an opportunity for ongoing discussions to craft a solution to current issues with the law. On April 21, SB 1539 was referred to the Senate Rules Committee, where it subsequently died for missing the end-of-May deadline to pass its house of origin. I am calling for a solution that will: - Provide both employers and employees with the clarity and flexibility needed to comply with the meal period statute, Labor Code Section 512. - Clarify that an employer’s obligation to “provide” a meal period means that employees have a meaningful opportunity to take meal periods, but that employers do not have to police their workforces to ensure employees take the meal periods. - Clarify appropriate situations that allow an employee and employer to enter into on-duty meal period agreements; and l permit employers and labor to collectively bargain on and set their own meal period rules.

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