Driscoll v. Granite Rock Co.

Special conditions in the concrete industry justified various alternative meal break arrangements for concrete truck drivers, since concrete can harden during a meal break if a truck is left unattended.  Judgment in employer’s favor in this meal break case is affirmed.  There was substantial evidence to support the trial court’s finding that the employer allowed its concrete mixer truck drivers to take off-duty 30-minute meal breaks when they requested them and adequately informed the drivers of their right to request meal breaks.  The employer also had drivers sign waivers of their right to meal breaks, and when drivers asked for meal breaks but were not given one, they were paid an additional hour’s pay as statutorily required.  The special conditions in the concrete industry made these arrangements reasonable, as concrete could harden during a meal break if the truck was left unattended.

California Court of Appeal, Sixth District (Rushing, P.J.); November 30, 2016; 2016 WL 6994923

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