Meal Breaks, Rest Breaks & Penalties
California labor laws will penalize employers if they do not follow the laws requiring that all non-exempt or hourly employees are to be given breaks and that penalties will apply if this is not done correctly.
California labor law mandates 30 minute meal breaks be given to hourly employees if they work six hours or more. To be more specific, the meal break must occur within the first 5 hours. Also, if the shift lasts longer than 10 hours the employee is entitled to a second 30 minute meal break. These meal breaks must be offered and should not be interrupted.
An employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. An employer may not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes, 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 the employee only if the first meal period was not waived.
10 minute rest breaks are required to be given for every 4 hour period an hourly employee works unless the entire hours worked are less than 3.5 hours. These rest periods are paid, so time should not be missing from your pay for taking these breaks.
IWC Order 12-2001, Section 12 (A)
12.(A) Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period. The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof. However, a rest period need not be authorized for employees whose total daily work time is less than three and one-half (31/2) hours. Authorized rest period time shall be counted as hours worked for which there shall be no deduction from wages.
Penalties for not receiving these breaks are usually awarded at an extra hour of pay for every day that there is an issue with any of the breaks.
IWC Order 12-2001, Section 12 (B)
B) If an employer fails to provide an employee a rest period in accordance with the applicable provisions of this Order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each work day that the rest period is not provided.
Labor law is complex; if you have any questions regarding your employment it is recommended that you contact a California labor law attorney who can help you understand your rights and in many cases will review your situation without charge.
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