California Meal & Rest Breaks - Roth Staffing

[Pages:2]California Meal & Rest Breaks

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Meal and rest break laws have been around for a while, but with increased litigation on the matter, it is important that all employers take steps to stay aware and be compliant with laws.

We rely on our clients to help ensure our Ambassadors (the temporary employees who represent us on assignment) get the meal and rest breaks required by law. California meal and rest break laws are more generous than federal laws and employers should be aware of nuances in order to provide appropriate schedules for all employees.

Meal Break Length

The longer an employee works, the more meal breaks they are entitled to. California employers must provide at least a 30-minute meal period to employees working more than five hours. Employees who work more than 10 hours in a day are entitled to a second 30-minute meal break.

While organizations cannot provide less than the established minimum, they can opt for longer meal breaks. Many organizations choose to provide a 1-hour lunch. This gives employees time to step away from their workplace, leave premises to purchase food, or run small errands without feeling rushed.

Additionally, hour-long breaks can help ensure the office is staffed for the duration of business hours. For example, if an office is open from 8 a.m. to 5 p.m., a 30-minute lunch means employees working a regular

8-hour workday leave by 4:30 p.m. A 1-hour lunch allows the shift to span from 8 a.m. to 5 p.m., meaning as long as employees do not take their lunch breaks simultaneously, the office will be staffed throughout business hours.

within the work day, so they cannot be taken at the beginning or end of a shift. The start and end times of meal periods must be recorded on timecards. Not only is it the law, but it also helps ensure that

employees get paid properly.

Hours of Work

< 5.0

> 5.0 to

< 10.0

> 10.0

Number of Meal Periods (at least 30mins each)

0

1

2

Schedule

If an employee works less than 5 hours they do not receive a meal period.

An employee has a 30 minute meal period if they work more than 5 hours, but no more than 10. However, employees who work 6 hours or fewer can submit written intent to waive their first meal period. The first meal period must be completed before the fifth hour of work. If an employee works more than 10 hours, they receive a second 30 minute meal period. An employee can submit written intent to waive their second meal period if they worked 12 hours or fewer and did not waive their first meal period. The second meal period must be completed before the 10th hr of work.

> 12.0

An employee who works more than 12 hours in a workday

2

is provided with a second 30 minute meal period available before the end of the 10th hour of work. This second meal

period may not be waived.

Meal Break Start Times

A meal period must start before the end of the fifth hour worked. An employee who starts work at 6 a.m. must begin their lunch break at or before 11 a.m. If an employee's meal break is provided late, penalties may apply.

Meal breaks are intended to be a pause

Meal Break Additional Rules

Additional to the length and start time of the meal period, employers should be aware that meal breaks must be completely duty-free. Employees are not paid during meal periods, so they cannot be required

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or pressured into completing work during this break. This also means they are free to leave work premises during a meal period without management authorization.

Certain exceptions apply. An employee who works no more than six hours can voluntarily waive their meal break.

for starting work late, leaving work early, or extending a meal period.

Rest Break Additional Rules

If an employer does not allow employees to take their rest break, or coerces an employee into working through their rest

Hours of Work

3.5

6.0

10.0

Number of 10 minute Rest Break

0

1

2

Schedule

A non-exempt employee who does not work more than 3.5 hours in a workday is not authorized and permitted to take a rest break.

A non-exempt employee who works at least 3.5 hours, but no more than 6 hours, is required to take one 10-minute rest break.

A non-exempt employee who works more than 6 hours, but no more than 10 hours, is required to take two 10-minute rest breaks.

A non-exempt employee who works more than 10 hours,

14.0

3

but no more than 14 hours, is required to take three

10-minute rest breaks.

However, employers must not pressure or coerce employees into doing this.

These guidelines are pretty rigid. Any employee who is required to work during any part of their 30-minute break, or is required to take a late meal period, is entitled to receive pay for any time when they are required to work, PLUS could be entitled to an additional one hour of pay.

Rest Break Length

Similar to meal breaks, the longer an employee works, the more rest breaks they are entitled to.

Employees must be allowed to take a net 10-minute paid rest break for every four hours worked or major fraction thereof. A net 10-minute break means that the period cannot begin until the employee has reached an area away from their work space.

Rest Break Start Times

Whenever possible, it is best if an employee takes their rest break near the middle of the four-hour period.

Like meal breaks, rest breaks are intended to provide a break within the workday. Accordingly, these breaks cannot be used

break, the employer can be held liable for one hour of pay at the employee's regular rate of compensation for each workday that a rest break is not provided.

Penalties & Consequences

Supervisors can schedule meal and rest breaks for employees, taking into account their department's operational requirements, as long as the schedule meets all applicable legal requirements.

Employers who direct or coerce an employee to work through a break, take a short break, or begin their break late may be required to pay a premium of one hour of pay for each workday when a meal or rest break is late or missed.

This one-hour pay might not seem like a significant burden, but costs can quickly add up. A 200-employee company that schedules meal breaks too late might be held liable for one-hour premiums per employee per workday. The statute of limitations on a wage claim is three years. If the company pays an average of $12 per hour, the company's potential liability just for the late meal breaks is: 200 employees x $12/hour x 260 workdays x 3 years = $1,872,000!

Cases where employers are held liable for large amounts such as this are becoming more frequent. There is a growing trend in litigation over meal and rest break violations. Please reach out to your local representative if you have any questions about California's meal and rest break laws.

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