California’s rest and meal break requirements are an essential part of an employer’s responsibility to their workforce. This guide simplifies the state’s break time regulations and how employers can manage state compliance with Mosey.
What Are the Required Rest Periods and Meal Breaks in California?
California labor law mandates specific rest and meal break provisions for non-exempt employees. These laws aim to ensure that employees have adequate opportunities to rest and recharge during their work periods.
California Rest Break Laws
Non-exempt employees must be provided a 10-minute rest break for every four hours worked or a major fraction thereof. A major fraction is any work period exceeding two hours.
For example:
- 3.5 to 6-hour shifts: One 10-minute rest break
- 6.1 to 10-hour shifts: Two 10-minute rest breaks
- 10.1 to 14-hour shifts: Three 10-minute rest breaks
These breaks should occur as close to the middle of each work period as possible. Employers must treat rest breaks as paid time, ensuring employees are relieved of all duties.
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California Meal Break Laws
California employees working more than five hours a day are entitled to a 30-minute unpaid meal break, referred to as their first meal break. Employees must use this break before the end of the employee’s fifth hour of work.
For shifts exceeding 10 hours, a second 30-minute meal break must be taken before the end of the tenth hour.
Meal breaks must be off-duty unless the nature of the work requires otherwise. On-duty meal breaks are only allowed under specific conditions, including a written agreement between the employer and the employee.
What Do Employees Receive for a Rest or Meal Break Violation?
Failure to comply with California’s break-time laws can result in significant financial penalties for employers.
These can include:
- Missed Rest Breaks: Employees are entitled to one additional hour of pay at their regular rate for each day a rest break is not provided.
- Missed Meal Breaks: Similarly, employees must receive one additional hour of pay for every workday that a meal break is not provided.
- Multiple Violations: If both a rest and meal break are missed on the same day, the employee is owed two hours of additional pay.
Employers who never give meal or rest breaks can be penalized at a rate of two days’ pay for every day an employee isn’t given meal or rest breaks. This penalty can go as far back as three years, resulting in substantial fines with devastating financial consequences.
What Are Some Examples of Break Violation Cases in California?
California employment law has been shaped by several landmark cases and statutes, including:
Brinker Restaurant Corp. v. Superior Court
Brinker Restaurant Corp. v. Superior Court clarified that employers must provide meal and rest breaks but are not obligated to ensure employees take them. This means that if an employee is offered the appropriate amount of breaks but chooses not to take them, employers can’t be penalized for that decision.
Augustus v. ABM Security Services, Inc.
This case determined that employers must relieve employees of all duties during breaks. You can’t ask employees to take work with them when they’re supposed to be resting, such as asking them to bring their office phone into the break room.
United Parcel Service v. Superior Court of Los Angeles County
This case confirmed that separate penalties apply for missed meals and rest breaks in the same workday. Each break an employer fails to offer is a separate penalty.
Employers must also adhere to wage orders issued by the Division of Labor Standards Enforcement (DLSE) and the California Labor Code, ensuring full compliance with these precedents and regulations.
What Are Some Employee Break Tips for Employers?
Employers should be mindful of how they communicate policies and schedule breaks to avoid rest break violations and potential class action lawsuits.
Clearly Communicate Break Policies
Ensure all employees understand that they’re entitled to rest periods and meal breaks. Provide this information in writing and review it during onboarding and regular training sessions.
Remember, all you need to do is make break time available — you don’t need to make your employees take breaks if they don’t want to.
Schedule Breaks Appropriately
Design work schedules to accommodate rest and meal periods. To comply with California labor law, breaks should be planned near the middle of each work period.
Stagger break times if your organization can’t stall productivity for ten to twenty minutes. Let employees know to tag each other in and out for breaks so they aren’t all gone simultaneously.
Monitor Compliance
Supervisors and managers should regularly monitor break times to ensure employees take their required rest periods. While employers are not obligated to force employees to take breaks, they must not impede or discourage them.
Additionally, don’t attempt to rush breaks. You can enforce a ten-minute maximum, but you can’t encourage employees to return sooner.
Document Everything
Maintain accurate records of work hours, break times, and waivers. This documentation is the only way to defend against violation claims if they’re raised. If you use a virtual clock system, consider adding a ten-minute break button that employees can tap when they leave or return.
Use Waivers Carefully
Meal breaks can be waived with a signed waiver in specific circumstances. The first meal break can be waived if the total work period does not exceed six hours — the second meal break can be waived if the work period is less than 12 hours and the employee has already taken a lunch break.
Industry-Specific Considerations
Certain industries, such as healthcare and motion pictures, may have unique requirements:
- On-Call Breaks: In healthcare, on-call breaks may be permissible when the nature of the work prevents employees from being fully relieved of duties. On-call breaks should always be paid breaks, as the employee is technically available for work during the period.
- Breaks on Film and Television Sets: These employees are generally entitled to a 30-minute meal break if they work more than five hours, which must begin no later than the end of the fifth hour of work. Rest breaks of 10 minutes for every four hours worked are also required, although collective bargaining agreements often modify them.
- Agricultural Workers: Specific wage orders, like Wage Order 14, provide tailored rules for agricultural employees.
Employers in specialized industries may benefit from discussing their break policies with an employment lawyer. Their legal advice can ensure that breaks are fair and balanced for all parties.
How To Address California Rest Break Violations
When violations occur, prompt corrective action is crucial. California employers should compensate employees with the required additional hour of pay for each violation and review their policies to prevent future issues.
Employers in cities like Los Angeles — where litigation is more prevalent — should be particularly mindful of workplace regulations. Catching and addressing accidental violations as quickly as possible is far less expensive than contending with violation claims.
Why Does California Rest Break Compliance Matter?
Adhering to California’s rest and meal break laws is more than just a legal obligation. Providing adequate break time can improve employee well-being, boost productivity, and encourage a positive workplace culture. Rest break requirements are designed to ensure that workers aren’t burnt out or tired while doing their jobs.
Compliance violations can result in wage claims and lawsuits, increased liability under the Labor Code, and damage to your organization’s reputation. Even if you pay all of your fines on time, word can still get around. You don’t want to risk top talent getting the impression that you overwork your employees.
Maintain Compliance With Mosey
California’s 10-minute rest break and 30-minute meal break laws are integral to protecting workers and ensuring fair treatment in the workplace. It’s vital for employers to understand and respect these California laws.
Mosey’s compliance management system is designed to make it easy for multi-state employers to remain compliant with state and local business laws. Let Mosey keep track of each state’s requirements while you focus on growing your business.
Schedule a free consultation with Mosey today and learn how we make compliance simple.
