Existing law generally prohibits an employer from employing an employee for a work period of more than 5 hours per day without providing the employee with a meal period of not less than 30 minutes, except as specified. Existing law also prohibits an employer from employing an employee for a work period of more than 10 hours per day without providing the employee with a 2nd meal period, as prescribed. Existing law creates exceptions from these work limits for employees in specified occupations, including those in a construction occupation, as defined, covered by a valid collective bargaining agreement expressly providing for wages, hours of work, and working conditions. Existing law also authorizes the Industrial Welfare Commission to adopt a working condition order permitting a meal period to commence after 6 hours of work if it determines that the order is consistent with the health and welfare of the affected workers. Existing law charges the Labor Commissioner with enforcement of these provisions.

This bill would create an exception from the above-described work period limits for an employee in a construction occupation while the employee is on the jobsite, as specified.