An Employer’s Guide to Meal and Rest Break Laws in California

California has some of the most comprehensive meal and rest break laws for workers in the entire country. It is important that all companies that operate in the state have a full understanding of their obligations. At Sloat Law Group, APC, we take a proactive approach to compliance. Here, our California employment lawyer provides a guide to our state’s meal and rest break laws.

Know the Statute: Meal and Rests Breaks in California

To start, California employers should know the relevant law. Our state’s meal and rest break regulations come primarily from California Labor Code § 512. Industrial Welfare Commission (IWC) Wage Orders are also relevant. Here is the basic rule:

• Employers must provide a compliant break schedule to every non-exempt employee unless a narrow statutory waiver applies.

Note: If an employee can prove that a break was missed, that violation can be sufficient to trigger penalties.

Understanding Meal Period Rules

A duty-free meal period of at least 30 consecutive minutes must begin before the end of the fifth hour of work. If an employee works less than six hours, he or she can waive their right to a 30 minute meal break. It must be done by mutual agreement, in writing, and without employer pressure. If an employee works more than six hours, the first meal break cannot be waived.

If the shift exceeds ten hours, a second 30-minute meal is required before the end of the tenth hour. However, the second meal break may be waived by mutual consent if the day does not exceed 12 hours and the employee received their first meal break. If the workday exceeds 12 hours, an employee must be given two different 30 minute meal breaks over the course of his or her shift.

Note: Meal breaks can be unpaid for hourly workers in California. Employers can require a 30-minute “clock-out.” Employers cannot require employees to work in any manner during this period, without being liable for a violation.

Understanding Rest Break Rules

Under California Labor Code section 512, non-exempt employees earn a paid, duty-free 10-minute rest period for every four hours or “major fraction” thereof.  As a best practice, these breaks should fall near the middle of each work segment, although, there is some discretion for feasibility. To be clear, employers cannot require workers to combine their rest periods and meal periods. That is a violation of California law.

Note: Rest periods are “paid” for hourly workers in California. There is no clock out. However,  employers may not require workers to stay “on call” during the break period. If a break is interrupted by work, the employer must provide another break to comply with state law.

Penalties for Violations: Premium Pay

Under California law, failing to provide a compliant meal or rest break triggers one additional hour of “premium pay” at the employee’s regular rate for each workday in which a violation occurs. Beyond that, employees may file a claim with state regulators or take civil legal action. Indeed, an employer could potentially face Private Attorneys General Act (PAGA) liability for meal and rest break violations for all employees “aggrieved” by this type of violation. Employers should proactively ensure their compliance with all wage and hour laws.

Consult With Our California Employment Practices Lawyer Today

At Sloat Law Group, APC, our California employment attorney for employers helps businesses and organizations address compliance issues proactively. If you are an employer with any questions about meal and rest break requirements in California, we can help. Contact us today for a fully confidential consultation. We work with employers in Coachella Valley, Riverside County, and throughout California.

Source:

 leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=512