California Meal and Rest Break Law
We spend about half of our waking hours at work, according to the Bureau of Labor Statistics. It is one of the most significant commitments of our lives. When we invest so much time and energy in our employers, they are expected to give us at least a small amount of time to meet personal needs during the workday. But often, employers pressure or require workers to ignore their meal and rest breaks and continue working.
In many cases, employers violate the law. When that happens, a California meal and rest break lawyer at Justice Law Corporation can work to hold employers accountable and recover compensation for the time unfairly taken from employees.
Workers often do not understand their rights, and even when you understand how the law is supposed to protect you, it can be difficult to succeed against an employer’s legal defense team unless you have assistance from an experienced employment lawyer.
Overview of Break Laws
The laws in effect in California are designed to ensure that workers receive certain breaks during the workday. Some of these breaks are considered meal breaks, and others are provided for rest, snacks, and other purposes. Employers are supposed to pay employees for some break time, but other required breaks do not need to be compensated.
Employers violate the meal and rest break requirements in a wide variety of ways, and employees suffer in numerous ways as a result. Often, the violations amount to wage theft, where employers fail to fairly compensate employees for the time they’ve worked. Other times, the violations cause emotional and physical suffering that can lead to detrimental consequences in both the short and long term for workers.
When a California meal and rest break lawyer proves that an employer has violated the requirements, employees may be eligible to receive compensation for the wages lost and the harm they’ve endured. If the violations affect a sizable number of employees of a single employer, the injustice may be remedied through a class action lawsuit, and the employee who steps forward to serve as the representative may receive additional compensation for helping expose the violation.
Federal and State Laws Regarding Breaks for Workers
While both federal and state laws provide workers with certain rights regarding breaks from work, those under California law are much more extensive than those under federal law.
Federal Requirements
The federal Fair Labor Standards Act, which establishes minimum pay rates, overtime requirements, and other wage and hour laws, does not require employers to offer any breaks at all. However, standards enforced by the U.S. Department of Labor specify that if an employer provides a “short” break of 5-20 minutes, it should be compensated as work time and counted toward overtime.
However, the agency explains that when a break is offered for a “meal period,” which is generally 30 minutes or more, the purpose is different than a shorter “snack break,” so this more extended break does not need to be compensated as work time. The difference is explained in the federal regulations. 29 CFR §785.18 notes that short rest breaks “promote the efficiency of the employee,” and for that reason, they are considered work time benefiting the employer. When an employee is given a “bona fide meal period” that is “ordinarily 30 minutes or more,” and the employee is “completely relieved from duty,” then the employer does not need to be compensated. However, under 29 CFR §785.19, if an employee is required to perform any duties, even inactive duties, that employee is still working and should be compensated.
California Requirements
Employees in California are protected by detailed break provisions. Under Section 512 of the California Labor Code, most employers must provide meal breaks as follows:
- If an employee works more than 5 hours in a day, they must take a meal break of at least 30 minutes. However, if the employee works no more than 6 hours for that entire day, the employee can agree to waive the right to a meal break.
- If an employee works more than 10 hours in a day, they must take 2 meal breaks of at least 30 minutes each. However, if the employee works no more than 12 hours in a day, the employee may waive one of the two break periods.
Different rules apply for workers in specific industries, such as commercial truck drivers, farm workers, household employees, and those in the entertainment industry. Some employees are covered by collective bargaining agreements that preempt the rules.
Section 512.1 of the Labor Code specifies that most employees should receive a 10-minute rest period for each 4-hour period worked (or major fraction thereof, which is generally considered more than two hours). So, if an employee works eight hours, they should receive two 10-minute rest breaks and one 30-minute meal break. Employers are required to pay for time during a rest break, but the employee must be relieved of all duties for 10 consecutive minutes.
How Employers Violate Meal and Rest Break Requirements
A California meal and rest break lawyer knows that employers frequently fail to respect employees’ rights. Sometimes violations occur because the work environment is busy, and supervisors become overwhelmed. Other times, employers deliberately ignore employees’ rights to keep profits high. In either situation, employees who have suffered a violation of their rights should receive remedies to offset their losses.
Some examples of break violations in California include:
- Being told there is not enough employee coverage to give you a rest break
- Employers deducting wages for meal breaks that employees did not receive
- Employers deducting wages for rest breaks
- Employees are expected to answer phones or be “on call” during breaks
- Assigning deadlines that conflict with meal periods
- Supervisors asking about work-related questions during break periods
- Not receiving a second rest break or meal break for longer shifts
- Being asked to return to work before the end of the break period
Although violations may seem to occur in small increments, when the time taken from employees is added up, the total can be substantial.
FAQs About California Meal and Rest Breaks
Since the meal and rest break requirements apply to so many employees in California, and many workers find themselves in high-pressure environments where breaks are resented, our team receives many questions about potential violations. Here are some general answers to common questions, but if you contact us directly, we can provide answers that more directly pertain to your specific situation.
What Happens to Employers Who Violate the Meal and Break Rest Requirements?
When it is proven that an employer has denied required meal breaks, the employer may be required to pay the employee an hour of pay for each missed break. In addition, employers who fail to provide rest breaks or who interrupt them can be required to pay an extra hour of pay for each break violated. If an employer fails to provide two required breaks, then that employer must pay two extra hours of pay. Companies could also face fines for violations.
What If I Need to Work on My Lunch Break to Get All My Assignments Finished for the Day?
If you’re covered under the law, employers are required to provide a meal break that gives you at least 30 minutes of time where you are free from work obligations. However, the employer is not obligated to ensure that you take your allotted break time and don’t address work duties during it.
So, if you’re feeling pressured to work during your lunch break, that could be a violation, or it may not be. A knowledgeable California meal and rest break lawyer could review the reasons and determine whether your employer is illegally depriving you of your break time, and you may be eligible for compensation.
My Employer Says I Waived My Right to a Rest Break. Is That True?
Although California law allows workers to waive meal breaks in some cases, there is no similar provision for rest breaks. Employers are required to provide these breaks, and if they do not, they are in violation of the law. You may choose to work through a rest break, but if your employer says you can’t take a break because you waived your right to it, that employer is wrong, and you should consider speaking to an attorney.
Do I Get Extra Breaks if I’m Nursing a Baby, Dealing with a Disability, or Working in the Heat?
The break requirements described above are a general baseline, and employers are often required to provide more break time when employees have additional needs. For instance, employers must provide reasonable accommodations for workers with disabilities, and that could include modified break schedules. Workers who are lactating are entitled to reasonable breaks to express milk, and they may require breaks in addition to the standard paid breaks, although these additional breaks do not need to be paid.
Workers who are outside in the heat may also be eligible for additional breaks. When the temperature is 95 or higher, employers must provide 10-minute cool-down rest breaks for outdoor employees every 2 hours, with access to fresh drinking water and shade. Some breaks may coincide with standard rest breaks.
What Should I Do If I Haven’t Received the Breaks I’m Entitled to Under the Law?
There are steps you can take to protect your rights and to pursue remedies under the law. A California meal and rest break lawyer can help you gather evidence of the violations and help you pursue the best course of action in your particular circumstances. It is a good idea to note every violation, including past violations, and keep meticulous daily records of ongoing violations. Note the hours you worked, any breaks, and whether they were interrupted. Keep records of wages and whether they included break deductions. Comparing your experiences with those of other employees can be helpful, too.
Learn More About How an Experienced Employment Lawyer Could Help Enforce Your Rights
It is unfortunate but true that employers will often continue to violate their employees’ rights until someone takes legal action to bring the violations to public attention and force the employer to pay compensation for past offenses. But it can be challenging to succeed with legal action without an experienced legal advocate. That’s where we come in.
At Justice Law Corporation, we fight to protect employees’ rights, and we know that violations of meal and rest break laws are among the most common ways employers cheat their workers out of rightful wages and personal time. We know how to prove violations and stand up to company attorneys to obtain compensation for employees whose rights have been ignored for too long. For a free, confidential consultation to learn more about what we may be able to achieve in your case, call us at 818-230-7502 or contact us online now.