What are the requirements for an employer in California to provide their employees with meal and rest breaks?
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Under California law, employers must provide meal and rest breaks to their non-exempt employees. Specifically, non-exempt employees are those who are entitled to receive overtime pay.
Meal Breaks
Employers must provide a 30-minute unpaid meal break to employees who work more than five hours in a workday. The meal break must be provided no later than the end of the employee's fifth hour of work. If the employee's shift is six hours or less, they may waive their meal break in writing. However, if the employee's shift is more than ten hours, the employer must provide a second 30-minute meal break.
If an employer does not provide a meal break to a non-exempt employee, they must pay the employee an additional hour of pay at their regular rate for each workday that they do not provide a meal break.
Rest Breaks
Employers must also provide rest breaks to non-exempt employees. Employees are entitled to a 10-minute rest break for every four hours worked or major fraction thereof. Rest breaks must be provided in the middle of each work period to the extent practicable. If an employee is not provided with a rest break, they are entitled to one additional hour of pay at their regular rate for each workday that they did not receive a rest break.
Limitations and Exceptions
There are some exceptions to the meal and rest break requirements. For example, employers may provide on-duty meal periods if certain conditions are met, such as the nature of the work prevents the employee from being relieved of all duties, and the employee agrees to an on-duty meal period in writing.
Additionally, certain industries have different rules regarding meal and rest breaks. For example, employees in the motion picture industry are subject to different requirements and must be provided a meal break every six hours.
If an employee feels that their employer has violated the meal and rest break requirements, they may file a complaint with the California Labor Commissioner's Office or pursue a private civil action against their employer.
Further Action
Employers should ensure that they are complying with the meal and rest break requirements to avoid potential liability. Employers should also keep accurate records of when meal and rest breaks are provided to employees.
If an employee files a complaint, an employer may want to consult with an experienced employment lawyer to discuss their rights and obligations under California law.
