California is a state that requires employers to provide their employees with a meal break and a rest break during their shifts under the California Fair Labor Standards Act. California also requires the employer to pay the employee during some of these break times.
The California lunch break law requires the employer to provide an unpaid lunch break. The California rest break law requires the employer to provide a paid rest break.
It is important for employees to be able to eat during their shifts and take a break from their work, especially in labor-intensive jobs. If an individual has any questions about California meal and rest break laws, they should consult with a local California attorney.
Is My Employer in California Required to Give Me a Meal or Rest Break?
Yes, California is one of the states that is required to provide employees with meal and rest breaks during their shifts.
The California lunch break law requires employers to give their employees a 30-minute lunch break after the employee has worked a minimum of 5 hours. The employer is not required to pay the employee during this lunch break.
There can be variations of this time frame when, for example, an employee only works 6 hours per shift and requests to waive the lunch break and get paid for that time working instead. If an employee is required to take their meal break on the work premises, the employer must provide a suitable place to take the break.
Unless an employee is working in the broadcasting or motion picture industries, there are several rules regarding meal breaks when an employee has worked a shift longer than 5 hours, including:
- At least a 30-minute meal break must be provided;
- The meal break cannot be taken until 2 hours into the shift;
- The meal break cannot start more than 5 hours after the shift begins.
The California rest break law requires that employers provide their employees with rest breaks during their shifts. Employers must provide a 10-minute rest break when an employee has worked at least 4 hours. The employer must pay for these breaks.
Because the employees are being paid during this break time, they must remain on work premises during the break. The employee may choose what to do during their break times, but the breaks may be subject to any policies the employer has established.
Are Employees in California Required to Take Their Breaks?
No, employees in California are not required to take breaks provided by their employers. The California Supreme Court has held that employers are required to provide a meal and rest break to their employees. However, the employer is not required to monitor whether or not those breaks are used. Employees are permitted to skip their meal or rest breaks if they so desire.
However, working during the provided meal or rest break times does not permit the employee to utilize that time at the end of their shift to leave work early.
Are the Laws Different for Different Groups of Employees?
In states where meal breaks are required if an employee is required to work while eating, the employee has the right to be paid for that time. However, if the employee is totally relieved of work duties during the meal break, they are not entitled to compensation during that time. Stat rules may vary based on the type of occupation.
There are different rules for workers who are minors. Under the FLSA, these laws apply to individuals under the age of 16. Most states also have rules regarding labor hours for those between the ages of 16 and 17. Most rules regarding minors require them to work fewer hours and have breaks during short periods of work.
Is My Employer Required to Pay Me During My Rest or Meal Breaks?
Under Federal law, an employer is not required to provide employees with meal or rest breaks. However, if an employer does provide break times, federal law requires the employer to pay employees during breaks that last between 5 and 20 minutes.
Under federal law, an employer is not required to pay an employee for a break lasting 30 minutes or longer. If you have additional questions regarding your work and break arrangements, you may need to inquire with an employment lawyer for more guidance.
Can I Sue My Employer in California for Not Providing Breaks?
Yes, there are consequences in California for an employer not giving breaks. California employers may face harsh penalties for failing to provide meal and rest breaks. These penalties can include large fines. If the employer fails to provide an employee with a meal break, the employer must provide the employee one extra hour of pay in addition to the employee’s regular paid hours.
If the employer does not provide a rest break to an employee, the employer must provide 1 hour of wages for each missed rest break. These extra wages should be included in the employee’s next paycheck after the breaks are missed. An employee who has been denied breaks has three years to claim the unpaid wages.
How Do Employers Commonly Violate Meal and Rest Break Laws in California?
Employers in California commonly violate meal and rest break laws by requiring employees who are on break to remain on call. Generally, employers cannot require their employees to continue working or to be on call during meal and rest breaks because it is considered to be the legal equivalent of denying a meal or rest break.
California employers, however, are not required to ensure that the individual does not work during their breaks. In other words, if an individual voluntarily chooses to work during a break, they cannot hold their employer responsible.
How Are Meal and Rest Law Violations Handled? What Remedies Are Available?
An individual may sue their California employer for not providing breaks. In addition, a California employer may face considerably harsh penalties for failure to provide non-exempt employees with state-mandated meal and rest breaks.
The typical penalties include large fines as well as providing the employee with one extra hour of pay in addition to the employee’s regular paid hours. Employees who have been denied breaks have three years to claim their unpaid wages.
Unpaid wages may result in severe legal consequences, including but not limited to:
- A damages award that is being paid by the employer to the defendant;
- This is intended to make up for lost wages and other associated costs;
- A court-ordered change in company policies, including replacing any meal and rest break policies that resulted in the unpaid wages infraction;
- Termination of the employer or supervisor who is found to be responsible for the unpaid wages;
- Various other business consequences, for example:
- suspension of business operating licenses;
- civil fines;
- other similar penalties.
Are Injuries Sustained During Meal or Rest Breaks Covered by Worker’s Compensation Insurance?
Injuries sustained during meal and rest breaks may or may not be covered by worker’s compensation insurance, depending on the circumstances. If an employee’s injury occurs during lunch, whether or not the injury is covered depends on whether or not the employee was relieved of work duties during the lunch break.
If the employee was totally relieved of work duties during the lunch break, the injury may be considered outside the scope of employment because the employee was not working at the time. An injury sustained during a rest break is likely to be covered by worker’s compensation insurance because the break is usually considered to be within the scope of employment.
Do I Need to Hire a California Employment Lawyer?
Your experienced California employment lawyer can help you determine whether meal and rest breaks are required in your state. An experienced employment lawyer can also assist you with your claim if your employer has not provided the required meal and rest breaks.
Your employment lawyer may also help you determine if you may have any other wage disputes. If you do, your lawyer can help you handle all of your employment issues and represent you in court.
