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... - 9Taco BellTaco BellRodriguez vTaco BellNo. 16-1546520Cir2018 30155 Brinker 30 1 Bernardina Rodriguez6Taco BellTaco Bell30 Taco Bell Taco Bell Taco Bell 30 Taco Bell Taco BellTaco Bell 5 30 5 - Taco Bell Avoids Getting Grilled Over Meal Break Lawsuit Taco ‘bout a lose-lose situation Taco Bell was sued for offering its employees a discount on food. But the employer won the case: The Ninth Circuit held that Taco Bell didn’t violate California meal break laws when it offered employees the food discount only if the food was eaten on site. Consequently, employees who were part of a class action lawsuit against Taco Bell were not entitled to compensation for time spent on site eating discounted meals during meal breaks (Rodriguez v. Taco Bell, No. 16-15465 (9th Cir. 2018)). Meal Breaks in California California sets its own strict rules when it comes to meal and rest breaks. In general, California employees can’t work for a period of more than five hours per day without getting a 30-minute, unpaid and off-duty meal period. The meal period must occur by the end of the employee’s fifth hour of work. In Brinker, the California Supreme Court set the standard an employer’s duty to provide a meal period is met when an employer: Relieves their employees of all duty; Relinquishes control over their activities; Permits employees a reasonable opportunity to take an uninterrupted 30-minute break; and Doesn’t impede or discourage employees from taking the uninterrupted break. Failure to provide the meal break within this time frame can result in one additional hour of wages owed to the employee at the employee’s regular rate of compensation called premium pay. Taco Bell Gives Employees a Discount They Sue Bernardina Rodriguez worked for Taco Bell for over six years, during which Taco Bell provided its employees with timely, 30-minute meal breaks that they could use any way they wanted. Taco Bell also had a special offer for employees: They could purchase a discounted meal that must be consumed on the premises. Purchasing a discounted meal was completely voluntary no one was required to purchase Taco Bell products; it was simply a benefit for employees to choose immediately before, during or after a shift. The reason Taco Bell required the meal be eaten on site was so that only employees used the discount, rather than taking discounted food off site and giving it to friends and family. But Rodriguez argued in her class action suit that time spent eating the discounted meals during her meal break should be paid working time. Her theory? Since the discounted meal had to be eaten on-site, Taco Bell supposedly exercised sufficient control over her activities to make the time compensable. The court disagreed, holding that Taco Bell satisfied the state’s meal break requirements because it relieved its employees of all duties during the meal break and exercised no control over their activities. Employees could use the 30 minutes in any way they wished, and they were free to leave the premises. Taco Bell didn’t require employees to buy the discounted meal it was entirely optional and voluntary, and no allegation or evidence existed that employees were pressured to buy discounted food. The discount was given as a benefit; if employees didn’t want to stay on site, they wouldn’t purchase the discounted meal. Moreover, there was no evidence that Taco Bell interfered with the meal breaks or pressured employees to conduct any work activities during them; in fact, Taco Bell’s policy prohibited employees from taking the break near food production or cashier areas. If the choice to take the discounted meal and eat on-site is solely the employees’, the court determined that pay is not required. There are, however, cases where an employer so burdens the break time that the employee is effectively on duty. Employer policies that burden or discourage break time, such as creating schedules that make breaks difficult, may result in meal break violations. For example, a large soda manufacturer recently paid $5 million to settle claims from drivers that they didn’t receive breaks as required by law. The drivers argued that they weren’t free of work duties during their breaks because they had to answer customer and dispatch calls. But the court said this isn't one of those cases, and the class action lawsuit against Taco Bell was properly dismissed. Best Practices Comply with timing requirements for meal and rest breaks. Provide an uninterrupted, 30-minute meal break where the employee is relieved of all duties. Record that you provide your employees their meal breaks before the end of the fifth hour of work. Require employees to sign time records and verify that they’ve reported all time worked. Pay premium pay if an employee cannot take a meal break due to work requirements. Remember that on-duty meal periods are allowed only in a few very limited circumstances where the nature of the work means the employee can’t be relieved; talk to an attorney before implementing such a policy. Educate managers about their meal and rest break obligations and discipline managers who don’t follow policy.

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