New [Disneyland] lunch break requirements

[BirdMom]

It's not *that* bad, people. Most retail jobs I've had have required me to clock out for lunch breaks. I know you have to fight your way through guest traffic, but if it's that bad, bring your lunch (which I used to do on a daily basis) and you don't have to wait 10 minutes for someone else to cook it. Worse comes to worse and you don't like to make sandwiches, buy some Lean Cuisine or Healthy Choice entrees at Ralphs and bring those in your lunchbox... Sorry, but I was a lead in merchandise and I still grit my teeth over the usual suspects who were *ALWAYS* late from breaks and lunches. How much effort does it take to plan ahead?

[saidthekat]

you are absolutely right, birdmom.

there are plenty of people who manage to make it back from breaks on time (in some cases early)...

all it does is annoy me when people max on their breaks...

[pixiedust]

I think the biggest problem with this new system is that most of us havn't been to the info meetings yet, so we are going off of second and third-hand information.

After going to the lead meeting last week, I think that this new system will benefit the company. Among other things...

It will start enforcing break and lunch penalties (which pay you and hour of straight time when the company has an issue that forces you to miss lunch/break, and have existed for a while now, but low and behold the company was never using them)

It will pay you for exactly the amount of time you work, including if you decide you are bored at lunch and return early.

And the best thing ever, but this is cause I'm biased, is the new workbrain system that is coming to the park at the end of spring. (i like it cause it makes my job as a scheduler/checker of clocks/adjuster of shifts WAY easier and a lot more accurate)

Yeah.. it'll take some getting use to... but I like the idea of getting paid accurately over the idea of maybe not having to walk a few extra feet and clock in/out for lunch.

[Alyssa3467]

It will start enforcing break and lunch penalties (which pay you and hour of straight time when the company has an issue that forces you to miss lunch/break, and have existed for a while now, but low and behold the company was never using them)

It will pay you for exactly the amount of time you work, including if you decide you are bored at lunch and return early.

I don't know about Disney's system, but with Pizza Hut's system, clocking back in even a minute before your legally mandated 30 minute break is over requires a clocked-in manager's password to override, and the system will treat it as if you worked the entire 30 minutes, which actually is in line with the law]want[/i] to take a full 30 minute break, because they're bored or whatever as you suggest, but there's no way for the system to distinguish between a bored employee and one who's being forced to cut their break short.

[GapToothed]

We've always had to sign out for our breaks/ lunches at the place with the whale until we got timeclocks. Now we just sign out for breaks on a log and swipe out for lunch. There used to be more break areas in the park, so going to a nearby break area was easy. Lunches are 40 minutes with 5 minutes walking time to your lunch and 5 minutes walking time from your lunch. Clearly we don't get the crowds to navigate through (unless a show just broke) but of course there are people you are always late back.

The Kronos system (our timeclocks) is broken down into 7 minute increments. So there's actually a 14 minute window in which to swipe back in/ or out for your shift. You just can't swipe in early from your lunch... you have to take at least 31 minutes before you swipe in.

[1team1dream]

It's not *that* bad, people. Most retail jobs I've had have required me to clock out for lunch breaks. I know you have to fight your way through guest traffic, but if it's that bad, bring your lunch (which I used to do on a daily basis) and you don't have to wait 10 minutes for someone else to cook it. Worse comes to worse and you don't like to make sandwiches, buy some Lean Cuisine or Healthy Choice entrees at Ralphs and bring those in your lunchbox... Sorry, but I was a lead in merchandise and I still grit my teeth over the usual suspects who were *ALWAYS* late from breaks and lunches. How much effort does it take to plan ahead?

I agree with Birdmom here, there are alternatives such as packing a lunch or transferring to a different department or getting a job at a completely different company, we can complain till we are blue in the face but once Disney makes a decision it is pretty much set in stone. Think of how much money you would save by bringing your lunch, you could put that money you would have spent in an I.R.A. since Social Security will most likely be gone, or you could save that money for when things slow down and they start cutting hours!!! :p:

[pixiedust]

I don't know about Disney's system, but with Pizza Hut's system, clocking back in even a minute before your legally mandated 30 minute break is over requires a clocked-in manager's password to override, and the system will treat it as if you worked the entire 30 minutes, which actually is in line with the law]want[/i] to take a full 30 minute break, because they're bored or whatever as you suggest, but there's no way for the system to distinguish between a bored employee and one who's being forced to cut their break short.

The way I understood it...

if a cast member came back early because they wanted to... the lead is supposed to tell them to go back on lunch until the 30 minutes is up

if a cast member comes back early, on their own accord, as is not noticed until after they have already started doing actual work, then the lead needs to make sure they are paid for it. In this case, they would also inform a manger of this.

There are a lot of bugs, but it'll basically be putting a lot of trust in the cast members, and someone who starts having trends that are going against the company's new policies will be the cast member who management will need to have a talk with

[CujoSR]

This comes from the ca.gov site. It should be clear that this new rule is the law and it is one that has gotten many a person fired at walmart.

[align=center]

Meal periods[/align]

In California, an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than thirty minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. A second meal period of not less than thirty minutes is required if an employee works more than ten hours per day, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and employee only if the first meal period was not waived. Labor Code Section 512. There is an exception for employees in the motion picture industry, however, as they may work no longer than six hours without a meal period of not less than 30 minutes, nor more than one hour. And a subsequent meal period must be called not later than six hours after the termination of the preceding meal period. IWC Order 12-2001, Section 11(A)

Unless the employee is relieved of all duty during his or her thirty minute meal period, the meal period shall be considered an "on duty" meal period that is counted as hours worked which must be compensated at the employee’s regular rate of pay. 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 between the employer and employee an on-the-job paid meal period is agreed to. The written agreement must state that the employee may, in writing, revoke the agreement at any time. IWC Orders 1 –15, Section 11, Order 16, Section 10. The test of whether the nature of the work prevents an employee from being relieved of all duty is an objective one. An employer and employee may not agree to an on-duty meal period unless, based on objective criteria, any employee would be prevented from being relieved of all duty based on the necessary job duties. Some examples of jobs that fit this category are a sole worker in a coffee kiosk, a sole worker in an all-night convenience store, and a security guard stationed alone at a remote site.

If the employer requires the employee to remain at the work site or facility during the meal period, the meal period must be paid. This is true even where the employee is relieved of all work duties during the meal period. Bono Enterprises, In. v. Bradshaw (1995) 32 Cal.App.4th 968.

If an employer fails to provide an employee a meal period in accordance with an applicable IWC Order, the employer must pay one additional hour of pay at the employee’s regular rate of pay for each workday that the meal period is not provided. IWC Orders and Labor Code Section 226.7 This additional hour is not counted as hours worked for purposes of overtime calculations.

In all places where employees are required to eat on the premises, a suitable place for that purpose must be designated. This requirement does not, however, apply to employees covered by IWC Order 16-2001, on-site occupations in the construction, drilling, logging and mining industries.. For employees covered by IWC Order 16-2001, the employer must provide an adequate supply of potable water, soap, or other suitable cleansing agent and single use towels for hand washing.

Under all of the IWC Orders except Orders 12, 14, 15, and 16-2001, if a meal period occurs on a shift beginning or ending at or between the hours of 10 p.m. and 6 a.m., facilities must be available for securing hot food and drink or for heating food or drink, and a suitable sheltered place must be provided in which to consume such food or drink. Under IWC Order 12-2001 for employees in the motion picture industry, hot meals and hot drinks must be provided for employees who are required to work after 12 o'clock midnight, except off-production employees regularly scheduled to work after midnight.


1.Q.What are the basic requirements for meal periods under California law?

A.Under California law (IWC Orders and Labor Code Section 512), employees must be provided with no less than a thirty-minute meal period when the work period is more than five hours (more than six hours for employees in the motion picture industry covered by IWC Order 12-2001).

Unless the employee is relieved of all duty during the entire thirty-minute meal period and is free to leave the employer's premises, the meal period shall be considered "on duty," counted as hours worked, and paid for at the employee's regular rate of pay. An "on duty" meal period will be permitted only when the nature of the work prevents the employee from being relieved of all duty and when by written agreement between the employer and employee an on-the-job meal period is agreed to. The test of whether the nature of the work prevents an employee from being relieved of all duty is an objective one. An employer and employee may not agree to an on-duty meal period unless, based on objective criteria, any employee would be prevented from being relieved of all duty based on the necessary job duties. Some examples of jobs that fit this category are a sole worker in a coffee kiosk, a sole worker in an all-night convenience store, and a security guard stationed alone at a remote site.

2.Q.My employer is not allowing me to take a meal period. Is there anything I can do about this situation?

A.Yes, there is something you can do if you are covered by the meal period requirements of the law. If your employer fails to provide the required meal period, you are to be paid one hour of pay at your regular rate of compensation for each workday that the meal period is not provided. If your employer fails to pay the additional one-hour's pay, you may file a wage claim with the Division of Labor Standards Enforcement.

3.Q.Is it permissible if I choose to work through my meal period so that I can leave my job 30 minutes early?

A.No, working through your meal period does not entitle you to leave work early prior to your scheduled quitting time. In order for an "on duty" meal period to be permitted under the Industrial Welfare Commission Wage Orders, the nature of the work must actually prevent the employee from being relieved of all duty, and there must be a written agreement that an on-the-job paid meal period is agreed to. Additionally, the written agreement must also state that the employee may, in writing, revoke the agreement at any time.

4.Q.Can my employer require that I stay on its premises during my meal period?

A.Yes, your employer can require that you remain on its premises during your meal period, even if you are relieved of all work duties. However if that occurs, you are being denied your time for your own purposes and in effect remain under the employer's control and thus, the meal period must be paid. Minor exceptions to this general rule exist under IWC Order 5-2001 regarding healthcare workers. Pursuant to the Industrial Welfare Commission Wage Orders, if you are required to eat on the premises, a suitable place for that purpose must be designated. "Suitable" means a sheltered place with facilities available for securing hot food and drink or for heating food or drink, and for consuming such food and drink.

5.Q.I regularly work an eight-hour shift. What can I do if my employer doesn’t provide me with a meal period?

A.You can either file a wage claim with the Division of Labor Standards Enforcement (the Labor Commissioner's Office), or you can file a lawsuit in court against your employer to recover the premium of one additional hour of pay at your regular rate of compensation for each workday that the meal period is not provided.

6.Q.What is the procedure that is followed after I file a wage claim?

A.After your claim is completed and filed with a local office of the Division of Labor Standards Enforcement (DLSE), it will be assigned to a Deputy Labor Commissioner who will determine, based upon the circumstances of the claim and information presented, how best to proceed. Initial action taken regarding the claim can be referral to a conference or hearing, or dismissal of the claim.

If the decision is to hold a conference, the parties will be notified by mail of the date, time and place of the conference. The purpose of the conference is to determine the validity of the claim, and to see if the claim can be resolved without a hearing. If the claim is not resolved at the conference, the next step usually is to refer the matter to a hearing or dismiss it for lack of evidence.

At the hearing the parties and witnesses testify under oath, and the proceeding is recorded. After the hearing, an Order, Decision, or Award (ODA) of the Labor Commissioner will be served on the parties.

Either party may appeal the ODA to a civil court of competent jurisdiction. The court will set the matter for trial, with each party having the opportunity to present evidence and witnesses. The evidence and testimony presented at the Labor Commissioner’s hearing will not be the basis for the court’s decision. In the case of an appeal by the employer, DLSE may represent an employee who is financially unable to afford counsel in the court proceeding.

See the Policies and Procedures of Wage Claim Processing pamphlet for more detail on the wage claim procedure.

7.Q.What can I do if I prevail at the hearing and the employer doesn’t pay or appeal the Order, Decision, or Award?

A.When the Order, Decision, or Award (ODA) is in the employee's favor and there is no appeal, and the employer does not pay the ODA, the Division of Labor Standards Enforcement (DLSE) will have the court enter the ODA as a judgment against the employer. This judgment has the same force and effect as any other money judgment entered by the court. Consequently, you may either try to collect the judgment yourself or you can assign it to DLSE.

8.Q.What can I do if my employer retaliates against me because I asked him why we don’t get a meal period?

A.If your employer discriminates or retaliates against you in any manner whatsoever, for example, he discharges you because you ask about not getting a meal period, object to what you believe to be an illegal practice, or because you file a claim or threaten to file a claim with the Labor Commissioner, you can file a discrimination/retaliation complaint with the Labor Commissioner’s Office. In the alternative, you can file a lawsuit in court against your employer.

[BirdMom]

I agree with Birdmom here, there are alternatives such as packing a lunch or transferring to a different department or getting a job at a completely different company, we can complain till we are blue in the face but once Disney makes a decision it is pretty much set in stone. Think of how much money you would save by bringing your lunch, you could put that money you would have spent in an I.R.A. since Social Security will most likely be gone, or you could save that money for when things slow down and they start cutting hours!!!

Yeah, nothing like a little sarcasm to overlook the need for personal responsibilty ;) , mostly because these days it is indeed a bosses' world...

[Karnever]

Attractions CMs have this new thing donw east we have been doing it for about 4 years now its called CDS.. I love this new system because it defines Break penalties and now your lunch does not start until you are back stage which is somthing we have been arguing about with CDS for years. I think the other departments might have trouble getting use to it but nothing is really changing for us in attractions