L'Chaim House, Inc. v. Divison of Labor Standards EnforcementAnnotate this Case
L’Chaim, which operates residential care homes for seniors, was cited for wage and hour violations by the Division of Labor Standards Enforcement (DLSE). A hearing officer affirmed the citations, which included a total of approximately $89,000 in premium-pay and penalty assessments under Labor Code sections 226.7 and 558 for failure to provide 30-minute meal periods to employees. L’Chaim sought mandamus relief under Code of Civil Procedure section 1094.5, which the trial court denied. L’Chaim claimed that under Industrial Welfare Commission (IWC) Wage Order 5, it may require its employees to work “on-duty” meal periods that, unlike periods when employees are “relieved of all duty,” do not need to be at least 30 minutes long (Cal. Code Regs., tit. 8, 11050). The court of appeal affirmed, holding that L’Chaim must provide meal periods of at least 30 minutes, regardless of whether they are on-duty or off-duty, under Wage Order No. 5. Although L’Chaim was authorized to provide on-duty, as opposed to off-duty, meal periods to its employees, those meal periods still had to be at least 30 minutes long.