If you are a business owner in California, regardless of whether you are a startup or a large corporation, and have employees, it is crucial that you understand the state’s meal and rest breaks, which are among the strictest in the country. Meal and rest break violations are a leading cause of litigation for California employers, so you want to ensure you remain compliant. In the following sections of this article, we discuss what you need to know about California’s meal and rest break laws.
California Labor Code section 512 requires employers to provide non-exempt employees who work over five hours in a single workday with an unpaid, off-duty meal break of no less than 30 minutes. If someone works for over 10 hours, you must give them a second 30-minute meal break. You must provide meal breaks no later than the end of the fifth hour of work. If you are in the motion picture industry, meal breaks are triggered after six hours of work.
If an employee is not relieved of all duty during the meal period and is not free to leave the work premises, the meal break is considered “on duty.” In such a case, you must pay for it at the employee’s regular pay rate. However, if the nature of your business does not allow employees to be relieved of all duty, an “on-duty” meal period may be permitted. Employers and employees can also agree to payable on-duty meal breaks in writing. Additionally, in some instances, employees can waive their meal breaks.
On top of providing employees with meal breaks, you are legally obligated to provide them with rest breaks. And the rules regarding rest breaks are just as strict as those regarding meal breaks. You are required to provide employees with a rest break of at least 10 uninterrupted minutes. Individuals who work at least 3.5 hours a day must get one rest break. Those who work more than 6 hours must get two rest breaks. And if an employee works for over 10 hours, they must get three rest breaks.
Rest breaks in California should be;
Employers are prohibited from requiring workers to remain on work premises during their rest periods.
According to California Labor Code Section 226.7, if you fail to provide employees with meal or rest breaks, you shall be required to pay the employee one extra hour of pay at the employee’s regular pay rate for each denied break.
It is vital to note that an employee’s regular rate of pay can be more than their hourly rate. You must calculate this rate to include all compensation received by the employee during the workweek, including base hourly wages, commissions, and bonuses.
Here are some steps you can take to ensure compliance and reduce liability;
If you have questions or need help complying with meal and rest break laws, contact an employment attorney at SAC Attorneys LLP.