MEAL & REST BREAKS
It's a lesser-known fact among many employees, but your rights extend to meal and rest breaks if you work specific hours in California. California Labor Code 512 serves as the legal framework that grants employees these rights and prevents employers from keeping their staff on the clock for prolonged periods without any breaks.
Under California break laws, non-exempt employees working more than 5 hours per day are entitled to a mandatory, unpaid 30-minute meal break, which must be taken before completing the fifth hour of work. Additionally, for those working over 10 hours in a day, a second 30-minute meal break is mandated, but it can be waived if the employee chooses to do so.
Meal and Rest Break Requirements in California: The California labor code lays down precise requirements for rest breaks, meal breaks, and sleep breaks:
Short Rest Breaks: In California, rest breaks are compulsory for employees working more than 3 hours and 30 minutes in a day. For every 4 hours of work, employees are entitled to a paid rest break of at least 10 minutes. These breaks must be counted as paid time and, to the extent possible, be scheduled in the middle of the worker's shift.
Meal Breaks: The California meal break law protects employees who work more than 5 hours in a day. It ensures they receive an unpaid 30-minute meal break before completing 5 hours of work. However, employees can waive this right if they anticipate working fewer than 6 hours that day. For those working between 10 and 12 hours, a second unpaid 30-minute meal break is mandated, unless the first meal break was not waived.
During meal breaks, employees must be "completely relieved of duty." If this condition isn't met, California labor law doesn't consider it a lunch break and must treat it as paid time. In essence, you have the right to take that time off, regardless of the circumstances.
Longer Shifts and Sleep Breaks: For exceptionally lengthy shifts, additional FLSA rules come into play. In California, non-exempt employees working more than 24 hours in a day must be compensated for sleep time unless specific conditions are met. Meal breaks must also be paid during these extended shifts.
If your shift lasts less than 24 hours, you and your employer can agree on sleep breaks, where you remain on-call. These sleep breaks must be paid and last a minimum of five hours.
Employees Covered Under Labor Code 512: Employers must adhere to specific guidelines to comply with California labor laws on breaks. These guidelines dictate that employers must:
- Release employees from all job duties during breaks.
- Allow employees to leave the workplace or engage in activities of their choice during breaks.
- Not hinder or discourage employees from taking breaks or dictate where employees spend their break time.
Employers are not obligated to force employees to take breaks; rather, they are required to provide the opportunity for breaks. California Labor Code 512 applies exclusively to non-exempt employees, those eligible for federal minimum wage and overtime pay. This encompasses a wide range of roles, including professional, mechanical, technical, clerical, and similar positions, irrespective of their compensation structure, whether hourly, commission-based, or otherwise. However, some workers may not be eligible for standard lunch breaks, including:
- Exempt Workers: Exempt employees, often salaried, are not entitled to overtime pay or protections under wage and labor laws, including meal and rest breaks. They typically engage in intellectual, managerial, or creative work, exercise discretion and independent judgment, and earn a monthly salary at least twice the California minimum wage for full-time employment.
- Independent Contractors: California rest and meal break laws typically do not apply to independent contractors. However, this determination hinges on various factors, and some workers labeled as "independent contractors" may still be subject to wage and hour laws if the employer exerts significant control over their work.
- Unionized Workers in Certain Fields: Certain unionized employees in industries like motion pictures, broadcasting, security, commercial driving, wholesale baking, construction, and utilities may be exempt from meal break requirements outlined in California Labor Code 512.
Considering Legal Action for Denied Breaks? If you find yourself in a situation where your break times are not being provided or compensated as required by law, it's imperative to consult with us.
We will help you navigate the specifics of your situation, understand your legal rights and options, and, if violations have occurred, vigorously advocate for your rights. Contact us today for a complimentary case evaluation.