Meal-Break Violations
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California break laws require that employers provide employees with rest periods and meal periods during the workday. These laws have been implemented to prevent employees from working long hours in poor working conditions. They provide that employees are entitled to a 15-minute rest break for every 4 hours of work (or major fraction thereof) they perform in a workday, and a 30-minute lunch break if they worked more than 5 hours in a day.
“An employer may not undermine a formal policy of providing meal breaks by pressuring employees to perform their duties in ways that omit breaks.” Employers are therefore violating the law if they exert coercive tactics against taking lunch breaks or create incentives or otherwise encourage workers to forgo or skip meal periods.
MEAL PERIODS
Employers must provide an employee who works more than 5 hours in a day a meal break of at least thirty minutes. A second 30-minute lunch must be provided if the employee has worked more than 10 hours in a day. The first meal period must be scheduled no later than the END of the 5th hour of the shift. If a second meal break is required, then it must be scheduled no later than the END of the 10th hour.
Employers must provide an employee who works more than 5 hours in a day a meal break of at least thirty minutes. A second 30-minute lunch must be provided if the employee has worked more than 10 hours in a day. The first meal period must be scheduled no later than the END of the 5th hour of the shift. If a second meal break is required, then it must be scheduled no later than the END of the 10th hour.
- Meal breaks are unpaid
- Employees must be relieved of all duty during their meal breaks (they must be work-free), and employers must relinquish total control over their employees.
- If they do not relinquish control, they are considered “on duty” and the meal period is considered as paid time worked.
- Employees eating in the nurses station while they work, it is not permitted in the eyes of the law without a written waiver.
- If a violation occurs, then the employees must be paid a premium (1 hour of additional pay).
- Employees must be permitted to leave the work premises during their lunch, if they are not permitted, then the lunch is considered “on duty” and it is counted as time worked.
- Employees who work 6 hours or less in a day may agree to waive their meal breaks mutually.
- If they worked no more than 12 hours in a day, they can agree to waive only their second lunch break (not their first) mutually.
REST PERIODS
Employees are entitled to a 15 min rest period for every 4-hours of work or major fraction thereof. These rest periods are to be taken in the middle of each 4-hour period insofar as practicable. Rest breaks do not need be provided to employees who work a total of less than 3.5 hours in a day.
Employees are entitled to a 15 min rest period for every 4-hours of work or major fraction thereof. These rest periods are to be taken in the middle of each 4-hour period insofar as practicable. Rest breaks do not need be provided to employees who work a total of less than 3.5 hours in a day.
- Rest breaks are paid, they are counted as time worked, and employers may not deduct wages for employees taking them.
- They must be work free. In fact, the recent California Supreme Court decision it was established that rest periods must be off duty, and that employers must relinquish all control over how employees spend their break time.
- They cannot be waived by agreement.
Rest breaks, like meal periods, must be duty-free and all employer control must be relinquished during that time.
An employer may not require its employees to carry cell phones, radios, pagers, and remain on call to respond while on a break.
If it does, its employees are not considered to be relieved of all duty, and the employer is responsible
for an extra hour of premium pay for violating the law-CA Supreme Court.
If it does, its employees are not considered to be relieved of all duty, and the employer is responsible
for an extra hour of premium pay for violating the law-CA Supreme Court.
Extra Pay for Violations
- Employers who fail to provide a code compliant meal or rest period must pay the employee an additional hour of pay at the employee’s regular rate of pay as a “premium.”
- The total amount of premium pay is capped at a maximum of two hours (one for meal periods and the other for rest periods).
Employees/Employers Cannot Game Each Other
- Employers do not need to police the workplace to “ensure” that every lunch break is work free. As long as employers relieve employee of all duty, they are not liable for paying premiums even if the employee voluntarily decides to work.
- Employers cannot deter or discourage employees from taking lunch breaks. However, if the employer knew or should have known the employee was working during a meal period the employer will be liable to pay the regular or overtime wages for the time worked.
Your employer may not discharge, discriminate, or retaliate against you for filing a complaint with the Labor Commissioner, testifying in a related proceedings, or for making a written or oral complaint to your employer stating that you are owed wages. (See Lab.C. § 98.6). If your employer has retaliated against you, then you may be entitled to reinstatement and reimbursement for lost wages and other employment benefits.
Meal and Rest Breaks by Shift
A shift of less than 6 hrs…
* Waiving of certain meal breaks can only be done with mutual agreement between the employer and the employee.
* It is done in writing but not always such as under 12 hour shifts.
* Paid hours can vary depending on arrival time and departure time for the shift.
- If the employee’s shift is no more than six hours for the day, the 30 minute unpaid meal period may be waived by mutual consent of both the employer and employee and is usually done in writing but not always.
- The employee is also entitled to 1 paid 15 minute break whether the unpaid meal break is waived or not.
- If an employee works more than 5 hrs. in a day the employer must provide an unpaid 30 minute meal break no later than the end of the 5th hour for a normal 8 hr. shift.
- Meal breaks are not waived for 8 hour shifts here at ABSMC but penalties apply if not provided in a timely manner by law and contract.
- The employee is entitled to 2 paid 15 minute breaks for the shift and the 1 unpaid meal break.
- This is an 8 ½ hour shift with 1 unpaid 30 minute meal that shows as 8 hours on the check.
- A second unpaid meal period of not less than thirty minutes is required if an employee works more than ten hours per day, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and employee only if the first meal period was not waived.
- The first one is not waived at ABSMC but this second one is waived if less than 12 hrs. routinely and not in writing but penalties apply if the first one is not provided in a timely manner by law and contract.
- The employee is entitled to a total of 3 paid 15 min breaks for the total 12 hrs. and 1 unpaid meal break.
- This is a 12 ½ hour shift that shows as 12 hours on the check after 1 unpaid 30 minute meal.
- A second unpaid meal period of not less than thirty minutes is required if an employee works more than ten hours.
- It is not waived at ABSMC although in the past it was by mutual agreement but has not been in many years. Penalties apply if not paid in a timely manner per law and contract.
- The employee would be entitled to 4 paid 15 minute breaks and 2 unpaid meal breaks.
- There is an overlap of ½ hour that is shared on both shifts.
- This is a 16 ½ hour shift that shows as 15 ½ hours on the check after 2 unpaid 30 minute meals.
* Waiving of certain meal breaks can only be done with mutual agreement between the employer and the employee.
* It is done in writing but not always such as under 12 hour shifts.
* Paid hours can vary depending on arrival time and departure time for the shift.