Meal Period Reform
Beginning January 1st 2008, employees who earn and report tips to employers can now waive their right to a 30 minute meal break. Waivers are available through employers and must be signed in order to forego the otherwise mandatory break. A 7 calendar day waiting period exists for new hires. Employers proved to have intimidated or pressured new or existing employees into signing a waiver are liable for a fine up to $2,000 with each individual attempt considered a separate offense.
Employees who work over six hours in a shift and waive their right to a 30 minute break must still be provided the opportunity to consume food while continuing to work, as well as be paid for this time. Employees are unable to waive their mandatory 10 minute rest periods for work shifts of 4 hours or more. In the case of a work shift of 8 hours or more a 30 minute break is mandatory and can not be waived.
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