Take Action to Stop Lunch Break Take-Aways!

The newly appointed California Labor Commissioner, Angela Bradstreet, held public hearings in Sacramento on August 2 and in Los Angeles on August 9 in an attempt to reopen the issue of meal and rest breaks. Dozens of union members and community allies attended both hearings to share their concerns that changes made to existing regulations could weaken their protections.

While the Administration hasn't yet proposed new regulations, working families are concerned that these forums may be laying the groundwork for another attempt to weaken the right to lunch and rest breaks for California workers, similar to the effort made by the Schwarzenegger administration in 2004.

It’s not too late to submit comments on this issue! Comments about meal and rest breaks are being accepted until August 31^st. Please send a message to Commissioner Bradstreet urging her not to endanger our lunch and rest breaks.

Sample Letter for Campaign

Subject: Don't Take Our Lunch Breaks Away!

Dear [ Decision Maker ] ,

I oppose any new lunch break take-away. I am concerned that the Labor Commissioner's office is laying the groundwork for a new proposal to take away our fundamental right to a guaranteed lunch break. We opposed past attempts by the Schwarzenegger Administration to take away our lunch break rights, and will do so again for the following reasons:

* The Labor Agency should be protecting workers' rights, not trying to undermine them. This Agency is supposed to ensure that employers follow the law, not help them get out of their legal obligations.

* Current law already allows lunch breaks to be waived by mutual consent for workers on shifts of fewer than six hours and also makes other allowances. Making workers choose between pleasing the boss and taking a lunch break is not the way to achieve flexibility.

* Recent court decisions protect workers and should not be overturned to help corporate lawbreakers.

* Health experts agree that workers need regular breaks to prevent injuries to themselves, co-workers, and the public caused by repetitive stress, hunger, and fatigue.

All workers deserve time to eat and rest without intimidation or fear of reprisal. I hope the Division of Labor Standards Enforcement will do the right thing and devote its scarce resources to protect workers against employers who violate workers rights.

Sincerely,

Campaign Launched:
August 20, 2007

Background Information

Joy Harvey, a registered nurse and member of UNAC, offered this in her statement to the Commissioner: "Imagine for a moment, if you will, working a 12 hour shift (or more) with little more than a few sips of coffee - nothing to eat, not even time for a bathroom break. For more than 25 years I worked under such conditions. This very day, we have nurses missing meals, working through breaks - in part, due to dedication to their patients, but in part... due to intimidation and coercion by their supervisors to avoid overtime."

While the Administration hasn't yet proposed new regulations, working families are concerned that these forums may be laying the groundwork for another attempt to weaken the right to lunch and rest breaks for California workers. In 2004, Governor Schwarzenegger attempted to weaken lunch break protections for California workers. But outrage from union members forced the Administration to withdraw the proposal.

"The right to meal and rest breaks is not just about giving workers a few minutes during their busy work day to eat, rest, and replenish - it is about maintaining real enforceable protections for workers," said California Labor Federation Executive Secretary-Treasurer Art Pulaski. "We cannot allow the race to the bottom that would result from the erosion of these basic worker protections."