California is known for its strong laws that protect employee. When it comes to their rights, this is extremely important for workers, especially when they need to take rest and or meal breaks. Having compliance with these regulations is not just a legal obligation for employers. As a result, it is crucial for fostering a productive, healthy and legally sound work environment. Here at KAASS LAW, we are dedicated to providing an informative to all our readers and or clients so they may prosper efficiently at their work place. The following will shine a light on meal breaks and rest periods during your ideal work environment.
Meal Break For Non-Exempt Employees
According to the Department of Industrial Relations and CA Labor Code 512, non-exempt employees in California must have a thirty (30) minute lunch or meal break if they work more than five (5) hours in a day, according to wage and hour law. The meal break must be within the first five hours of the workday. Employees who work more than ten (10) hours a day have the right to a second 30-minute meal break.
Rest Breaks For Non-Exempt Employees
Non-exempt employees who work three and a half (3 1/2) hours or more in a day are required by California labor law to take rest breaks. Employees are entitled to ten (10) minutes of relaxation for every four (4) hours, or a significant fraction worked in a day. These breaks should be during each 4-hour period as much as practicable.
Employee Rest Breaks
Rest break must be ten minutes long and uninterrupted. During the break, an employee must release of all obligations, and the employer must provide “appropriate resting facilities” in a location apart from the restrooms. Rest breaks, unlike meal breaks, are compensated. Employers are not permitted to ask employees to remain on-site or on-call during rest periods.
Am I, Upon Requirement, To Take a Rest Break?
Rest periods may choose to skip by employees. Employees cannot pressure or encourage to skip rest periods by their employers.
What Is A Meal Break?
A meal break is an unpaid and uninterrupted period that an employee has to do what they wish during their 30 minutes provided break. Further, during the meal break the employer must:
- relieve the employee of all tasks;
- seize control of the employee’s activities during the meal break period; and
- provide a reasonable opportunity for the employee to take a 30-minute uninterrupted food break
Employers are cannot do from the following:
- prohibit or prevent employees from eating;
- offer incentives for employees to skip meal breaks; or
- create a culture that encourages employees to skip breaks.
Employers must provide meal/lunch breaks but are not, upon requirement, to ensure that their employees take them.
Can You Give Up Your Right To A Meal Break?
An employee who works a shift of six hours or less may give up their right to a meal break. Meal break waivers do not need to be in writing, but both parties must agree to them.
If the employee’s shift is more than ten hours but not more than twelve, they can renounce their right to a second meal break as long as they take the first one—they cannot waive both breaks on the same day. Employees who work through a meal break do not have the right to depart early.
Can I Sue My Employer For Not Giving Me A Meal and Rest Break?
Yes, and yes, you should. If your employer refuses to give you a meal or rest breaks, you have the right to a penalty of one hour’s earnings for each day you were denied any rest breaks, as well as a penalty of one hour’s wages for each day you were denied any meal breaks (for a maximum penalty of up to 2 hours’ wages per day). Due to a recent California Supreme Court decision, the filing date for meal and rest breaks violations is normally three years. Still, in some situations, a one-year filing deadline may apply.
Contact Us
At KAASS LAW, we are committed to protecting the rights of employees throughout California. If you are an employee who has been legally denying required rest or meal breaks, or if you are an employer seeking guidance on ensuring compliance with these complex laws, our experienced labor law attorneys can help. We provide:
- Expert Consultation: Clear and comprehensive advice on California’s rest and meal break requirements.
- Compliance Guidance: Assistance for employers in developing and implementing compliant break policies and practices.
- Aggressive Representation: Advocacy for employees who have been denied their legal rights to breaks.
- Litigation Services: Representation in legal actions to recover compensation for missed breaks and ensure employer compliance.
Ensuring compliance with California’s employee rest and meal break laws is not just about avoiding penalties; it’s about fostering a fair and productive workplace. Whether you are an employer seeking to do right by your employees or an employee whose rights have been violated, KAASS LAW is here to provide the legal support you need. Contact us today for a consultation to discuss your specific situation. We also offer help if with employment contract violation.