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State Senator Ron Calderon Capitol Building #4088 Sacramento, CA 95814 Fax: 916-327-8755 SUBJECT: SB 1539 (CALDERON) MEAL PERIODS – SUPPORT Dear Senator Calderon, I SUPPORT SB 1539 (Calderon) which will provide clarity and guidance for the compliance and enforcement of meal period laws. This bill is a comprehensive solution that serves employers and employees across all industries regardless of size or union status, providing clarification so employees have the opportunity to take meal breaks, enter into on-duty meal period agreements in appropriate situations, and collectively bargain for meal periods. California’s employers and employees have attempted to comply with Labor Code section 512 since the statute was enacted in 1999 (AB 60). Labor Code section 512 simply states that a non-exempt employee may not work more than five hours in a workday without being provided with a 30-minute meal period. These provisions have been interpreted in various ways by state enforcement officials and the courts, contributing to significant confusion. This confusion has lead to costly litigation against California businesses that now may face closure due to exorbitant settlements. Meal period disputes are currently 40 percent of all California class-action lawsuits and approximately half of all employment-related lawsuits filed in California each year. Further, to avoid liability under these interpretations, some employers have had to discipline or discharge employees for not taking meal periods as directed. Now, both employers and employees seek flexibility and clarity. Prior stakeholder efforts to develop legislative and regulatory solutions have been unsuccessful. This bill provides a comprehensive solution to provide employees with flexibility, clarifies when an employer and employee can enter into an on-duty meal period agreement, and addresses collective bargaining agreements with respect to meal periods.