Employers must treat rest periods as hours worked and pay rest periods as hours worked. According to a California Supreme Court decision in Augustus v. ABM Security Services, Inc., employers must relieve employees of all their duties during breaks and relinquish any control over how employees spend their break time. In some industries, there are very limited exceptions to this rule, such as for lifeguards and safety-sensitive positions in the oil industry. Under California`s Wages and Hours of Work Act, non-exempt employees must be provided with a thirty-minute lunch or lunch break (30) if they work more than five (5) hours per day. The lunch break must take place in the first 5 hours of the working day. Employees who work more than ten (10) hours per day are entitled to a second 30-minute meal break. A: Yes. Breaks are considered hours worked and should be considered in determining whether an unsolicited employee in California has worked daily and/or weekly overtime. While you are not technically required to stay on the premises during your lunch break, you will likely be prevented from leaving the hospital at this time to take your break. So if your employer asks you to work for an hour of meals or to stay on call for a rest period, this is legally equivalent to denying you your meal or rest. For particularly long shifts, employees should take an extra meal break. Employees who work more than 10 hours a day must take a second meal break before the start of the 10th hour of work.
In addition, employees who work more than ten (10) hours per day must also benefit from a second meal break of thirty (30) minutes. A meal break is an uninterrupted, unpaid 30-minute period that is made available to employees for personal matters such as shopping, meals, or whatever they choose. Employees are not required to eat during this period. A: All employers with employees in California must provide rest breaks for non-exempt employees. California requires employers to give employees ten-minute breaks for every four hours (or a large fraction) of work. Anything beyond two hours is a “large fraction” of a four-hour period. For example, an employee who works a seven-hour shift is entitled to two 10-minute breaks – one break for the first four hours and a second break for the last three hours. Three hours is a “large fraction” of four hours, which means more than half of four hours.
Meal compliance and rest breaks continue to be the source of much litigation for California employers. Understanding California`s requirements for meals and breaks is extremely important. A: No. In California, employers are prohibited from counting separate use of the toilet as a break. However, if an employee chooses to use the washroom during a rest period, he or she is not entitled to an extension of the rest period. An employee who works six hours or less on a shift may waive his or her right to a meal break. Waivers for meal breaks do not need to be made in writing, but both parties must agree to the waiver. Employers should be careful to deviate from the general rule of allowing breaks in the middle of each working time and should consult a lawyer if practical considerations specific to their sector justify a deviation from the general rule. In general, employers cannot require employees to continue working or to remain “on call” during meals or breaks.11 Employers must schedule a second meal break of at least 30 minutes for all business days where an employee works more than 10 hours. The second lunch break must take place no later than the end of an employee`s 10th hour of work. The California Supreme Court ultimately ruled in Brinker`s favor on the most critical part of the decision — noting that employers don`t need to make sure employees take their meal breaks.
Once meal times are available, there is no obligation to monitor meal breaks to ensure that no work is done. As a general rule, as far as possible, the rest period should be in the middle of each four-hour working time. In an eight-hour day, a rest break usually falls on both sides of the meal break. Although this is the general rule, there is no absolute obligation to grant a rest period before mealtime. A 10-minute rest is required after four hours of work in California. However, employers are not required to ensure that you are not doing any work during your meal or break. In other words, if you voluntarily choose to work during a break, your employer is not responsible for it.12 Additionally, California`s food and rest laws do not apply to employees who meet the legal definition of independent contractors. A non-exempt worker who works more than five hours on a shift is entitled to a meal of at least 30 minutes. The employer must provide the meal break no later than the end of the fifth hour of work. For example, if an employee`s shift starts at 8 a.m., their lunch break would look like this: Therefore, it appears that the hospital would be required to provide the cafeteria for you and other employees who need to take their breaks from 2 a.m.
to 7 a.m., or provide another lounge or break room for your use. If your employer forces you to skip your meal time or doesn`t offer a break room at work that meets state requirements, even if you`re forced to stay put, you`ll have recourse. California law requires employers to provide an additional hour of employees` wages for each day they violate this rule. Employees can report non-compliant employers by submitting a salary request to the Division of Labor Standards Enforcement. An employee has three years from the date of the breach to make a claim.
