What Do You Need to Know About Your Rights to Breaks as a California Worker?
Breaks during the workday are vital to an employee’s physical and mental health. Without designated uninterrupted periods to eat, rest, and handle any necessary personal business, workers can experience fatigue, stress, burnout, and even illness. California recognizes the essential nature of these breaks. The ability of workers to take time for meals and rest throughout their shifts is carefully protected by the state’s labor laws. An experienced rest and meal breaks attorney can assist you in pursuing legal action if your employer is violating your rights.
What Are California’s Meal Break Laws?
Workers cannot be expected to perform their jobs safely and efficiently if they are not given adequate time and relief from their work duties to eat. Under California Labor Code Section 512, non-exempt employees who work more than five hours per day are entitled to a meal break of at least 30 minutes. The meal break must commence before the sixth hour of their shift begins. If an employee works more than 10 hours in a day, they have the right to take a second meal break of at least 30 minutes.
During the meal break, the employer must:
- Relieve the employee of all their work duties unless a specific exception applies and the employee has assented to on-duty meal breaks
- Surrender control over the employee’s activities
- Allow the employee to leave the premises during the break if they wish
- Provide a reasonable opportunity for an uninterrupted mealtime
In most situations, meal breaks are unpaid.
Can an Employee Waive Their Meal Break?
Under certain circumstances, an employee may choose to waive their meal break. Employees working shifts of six hours or less may waive their meal break by mutual consent with their employer. Similarly, employees working shifts longer than 10 hours but less than 12 may waive their second meal break. When employees waive a meal period, they often have to sign a meal period waiver indicating mutual consent with the employer. However, it’s important to note that these decisions must be truly voluntary and not coerced or required by the employer.
Are Rest Breaks Mandated By California’s Labor Code?
In addition to meal breaks, California law mandates that employers allow workers to take rest breaks and inform them of their rights to these short breaks. According to the California Labor Code, non-exempt employees are entitled to a timely uninterrupted ten-minute paid rest break for every four hours worked. However, employees working under three and a half hours a day are not entitled to a rest break.
What Are Common Types of Meal and Rest Break Violations?
Despite these clear laws, meal and rest break violations are unfortunately common in California. Some of the most frequent violations include:
- Failing to provide any meal or rest breaks
- Providing breaks that are too short
- Interrupting employees during their breaks
- Scheduling mandatory meetings or trainings that overlap meal or rest breaks
- Requiring employees to remain on-call during breaks
- Scheduling breaks too late in the shift
- Discouraging employees from taking their entitled breaks
These violations frequently occur in industries with high-pressure work environments or tight schedules, such as healthcare, retail, and food service. However, they can happen in any workplace where employers prioritize productivity over their employee’s rights and well-being.
What Consequences Can Employers Face For Failing to Provide Proper Rest and Meal Breaks?
Employers who violate California’s meal and rest break laws can face substantial penalties. If an employer fails to provide an adequate break, they will be required to pay one additional hour of pay at the employee’s regular rate of compensation for every workday that the rest or meal break was not given. In addition to these immediate penalties, employers found to be in violation of these labor laws may face other legal consequences, such as civil penalties, attorney’s fees if sued successfully by employees, and potential class action lawsuits, which can result in hefty damages. A history of repeated or willful violations may also lead to investigations by state labor agencies and cause damage to the company’s reputation.
How Can an Experienced Law Firm Help if You Believe Your Employer Has Violated Labor Laws?
If your employer does not provide you with your legally mandated rest and meal periods, you may pursue several avenues to address these violations. If you have been subjected to severe or widespread violations, you may wish to file a civil lawsuit against your employer. When considering your legal options for handling a breach of your rights as a worker, our knowledgeable employment law attorneys at Justice Law Corporation can evaluate your case, help you determine your next steps, and advocate for your best interests. To schedule a free consultation today, contact our firm at 818-412-9470.
