Meal Breaks Explained
In California , non-exempt Employees (those entitled to overtime) are entitled to one 30 minute uninterrupted meal break after 5 hours of work unless your work day is completed after 6 hours of work. If you are required to work through your meal break or your break is interrupted you must be compensated for this time. If the nature of your job prohibits you from taking an uninterrupted break, you may, by entering into a written agreement with your Employer take “on duty” meal breaks of which you should be paid. Such agreement is revocable by the Employee at anytime and the agreement must contain language to this effect under California Code of Regulations, Title 8, §11040. Most jobs, under California overtime laws, do not qualify for “on duty” meal breaks.
It is clear that California overtime laws protect the Employee, and do not allow Employers to simply waive meal breaks without a written, revocable agreement with the Employee.
Employers have commonly attempted to manipulate the California meal break rules by sending Employees home early, for example, after 7 ½ hours of work. This would be a violation since California overtime law provides that the Employee must be given a meal break after 5 hours of work. It should also be noted that if you work more than 10 hours you are entitled to two meal breaks, one after each 5 hours of work. If you do not receive timely meal breaks or actually receive no meal breaks, you are entitled to one hour of additional pay for each day that you miss your meal break under California law.
Recent Case Decided on Meal Breaks
In a widely watched case, Murphy v. Kenneth Cole Productions, Inc. the courts determined that missed meals are considered a wage and not a penalty. This is a critical decision for Employees since the California Labor Code allows Employees to collect wages by statute for 3 years and perhaps up to 4 years under the unfair competition statute.
Rest Breaks Explained
In addition to employee meal breaks, non-exempt California Employees are entitled to a 10 minute break for each 3.5 hours worked. While this break must be paid, the Employer is not required to keep track of these breaks
(rest periods) in their timekeeping system, although many Employers do. In the event an Employer does not allow a 10 minute break for each 3.5 hours worked, Employees are entitled to one hour of pay
per California labor laws on rest breaks. If you have questions about California meal or rest break laws, our California labor law attorneys are available to answer questions or review your potential wage claim.
