In L’Chaim House, Inc. v. Division of Labor Standards Enforcement, the Court held that Industrial Welfare Commission Wage Order No. 5 requires that an employer provide employees with meal periods of at least 30 minutes, regardless of whether they are on-duty or off-duty.  The corporate defendant operated residential care homes for seniors.  It was cited for wage and hour violations by the Division of Labor Standards Enforcement (DLSE).  After an unsuccessful administrative appeal, L’Chaim filed suit against the DLSE, claiming that under the applicable Industrial Welfare Commission (IWC) wage order, 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.  The Court of Appeal upheld the trial courts ruling, and held that L’Chaim was required to provide meal periods of at least 30 minutes, regardless of whether they are on-duty or off-duty, under Wage Order No. 5 and the applicable statutory law.  

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