California Labor Laws | Meal and Rest Breaks
California has a reputation for having some of the most comprehensive labor laws in the U.S., making it one of the best states in the country to be a worker. These regulations put the employee first – ensuring they receive fair treatment and compensation. However, as an employer, navigating these laws can be overwhelming, especially for those who aren’t very familiar with the meal and rest break requirements.
In this article we’ll be covering California labor laws, providing a clear and concise overview of what workers are entitled to when it comes to meal and rest breaks throughout the workday.
California Labor Law Meal and Rest Break Rules and Violations
In an employee-friendly state like California, labor laws are always in favor of your staff. This means that being an employee-friendly business is more than a bonus; it's a requirement.
Labor compliance laws set the standard of what your employer practices should be; and in a chaotic environment like a restaurant, it's a competitive advantage when retaining employees. Although it’s only one aspect of labor management, break compliance is one of the biggest threats to restaurant businesses; especially in California. The laws are blurry and complex, making meal and rest breaks hard to manage.
But the first step of managing the beast of meal and rest breaks is fully understanding its rules, regulations, and calculations. With an overarching goal of striving to make work easy for restaurant owners, we've put together a quick guide to meal and rest breaks in California:
What Qualifies as a Meal Break?
According to the California Labor Code (Section 512) and the State of California’s Department of Industrial Relations, it is defined as follows:
- An employer must provide an employee who works more than five hours per day an unpaid meal break of no less than 30 minutes.
- Meals must be provided at intervals that result in no employee working longer than five consecutive hours without an eating period.
- For shifts that last over 10 hours, the second meal break must be taken before the end of the tenth hour of the shift. The second meal break may be waived only if:
- The first meal break has not been waived;
- The shift is no longer than 12 hours;
- And with the consent of both the employee and employer.
- Only if the shift is no more than 6 hours, can an employee and employer mutually agree and consent to waive the meal break.
- Employees should be allowed to leave the premises during their breaks.
- If a meal break is unprovided, the employer must pay the employee one additional hour of their "regular rate" for each workday for which the meal break is not provided.
What Qualifies as a Rest Break?
- Employers also provide their employees a 10-minute paid rest break for each four-hour shift (or a major fraction thereof).
- Breaks should be uninterrupted and taken as close to the middle of their shift period as possible.
- The requirements of a rest break are like a meal break but the rest break is paid.
- If a rest break is unprovided, the employer must pay the employee one additional hour of their "regular rate" for each workday for which the rest break is not permitted.
In short, for every six-hour shift worked, an employee is eligible for a 10-minute paid and uninterrupted rest period and a 30-minute unpaid and uninterrupted meal break, unless the meal or rest break is mutually waived by the employee and employer.
What Are the Meal and Rest Break Violations and Penalties?
Meal and rest break violations are easy to come across if you’re not keeping close track of them and penalties can be hefty. Some examples of cases where an employer would need to pay a meal break penalty are outlined below:
- The restaurant is short-staffed and the employee needs to stay, and the employer does not provide a meal break.
- The manager forgets to send an employee on their meal break (therefore not providing a break).
- An employee is required to be on-call during their meal and rest break, or if they’re not allowed to leave the restaurant.
The penalty is equal to one hour of an employee's regular rate. This rule exists to protect employees and grant them the right to uninterrupted meal and rest breaks lasting 10-30 minutes. It also deters employers from violating these meal and rest break laws.
To put the rules into perspective, here’s an example:
Peter is scheduled to work from 11:00 am to 5:00 pm. As he works a six-hour shift, he is entitled to one unpaid 30-minute meal break and one 10-minute paid rest break. His scheduled breaks are as follows:
- 1:30-1:40 pm Rest Break
- 3:00-3:30 pm Meal Break
At 1:20 pm, Peter is asked by his manager to work through this rest break due to an overflowing lunch rush. Peter agrees and works through his rest break. A rest break premium, which is equivalent to one hour of Peter's regular rate, will be given to him in return. In this scenario, Peter's manager did not provide him with an undisturbed break and made the intentional decision to pay him the rest break penalty instead.
For his meal break...
At 2:55 pm, Peter is prompted by his manager to prepare to take his unpaid meal break. He is in the middle of serving a large party and decides that he does not want to go on his meal break. Peter's manager allows this; therefore they have both mutually agreed to waive the break. In this scenario, his employer does not have to pay a meal break penalty as Peter was provided with a meal break, but he chose not to take it. Any waived breaks do not require a written agreement. However, a meal break waiver form is a great tool for Peter's manager to cover his bases as an employer and to track and manage waived breaks.
Waiving Meal and Rest Breaks for California Labor Laws
It gets tricky when the act of waiving breaks comes into play. Employers must provide the opportunity for employees to have a meal break. However, if the employee chooses not to go when the break is offered then the employer is no longer liable to pay a meal break penalty. Meal break waivers are not legally required, but they can be used as a preventative measure to avoid wage claims and lawsuits. When creating a meal break waiver, they should include 3 key components:
- You agree to waive the meal break;
- The employee agrees to waive the meal break;
- And the employee chose not to go on their provided meal break.
If You Aren’t Sure Where to Start, Download Our Free Break Compliance Checklist!
One of the hardest parts of rest and meal break compliance is ensuring that employees actually take them. If your business is trying to reduce labor costs, consistently paying meal break penalties isn’t the way to go. Consider using an all-in-one people management software, like Push. From tracking break compliance to payroll, we’ve got your restaurant covered. Say goodbye to manual clock-ins and clock-outs. Book a demo with us today to see how the power of an integrated system can help you avoid hefty fines, penalties, and lawsuits.
Disclaimer:
This document is provided by Push Technologies Inc. ("Push Operations") for information purposes only. This is not an official or legal document and should not be taken as legal advice. Push Operations does not guarantee or warrant the accuracy or completeness of the information provided. For the most accurate and up-to-date information, please check with the proper governing authority.
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