No, and this question has recently come up a lot in the comments. Your boss cannot give you a single 1-hour break and say that that counts as all of your meal breaks and rest breaks. Meal Breaks: The law requires the employer to offer you a lunch break if you are working more than five hours a day. We have local employment law offices in and around Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities. Paid 10-Minute Rest Breaks Unpaid 30-Minute Meal Breaks; Less than 3.5 Hours : 0: 0: 3.5–5 Hours: 1: 0: 5.1–6 Hours: 1: 1 † 6.1–10 Hours: 2: 1: 10.1–14 Hours: 3: 2: 14+ Hours: At Least 4: 2 ‡ † Can be waived by mutual consent. confusion on working time vs. scheduled time. While there are no meal or rest break requirements under federal law, California state law does have laws regarding employees’ breaks and rest periods – and hefty implications for employers who do not follow these laws. I want to waive my 1 hour lunch and only take a 30 min lunch instead, so my hours on the clock would be 6.5 hours worked, with a 30 min lunch. 1 2 3. If your employer is denying you meal breaks and rest breaks, you would be entitled to receive a penalty of 1 hour wages per day you were denied any rest breaks, and an additional penalty of 1 hour wages per day you were denied any meal breaks (for a maximum penalty of up to 2 hours wages per day). He has been “working on this” for the past year. Can we do that legally? According to the laws of California, a meal break refers to an unpaid and uninterrupted period of at least thirty minutes that allows employees to spend time on personal businesses. Therefore, if your employer asks that you work while eating during a meal period, or remain on call during a rest period, this is legally equivalent to denying you your meal or rest break. If I work a split shift. Example: Fern works an 8-hour shift at a nail salon. 8 C.C.R 11040, section 11 (Meal Periods), endnote 4 above. State and federal law require that all rest breaks of 20 minutes or less must be paid. Work in Nevada? Another rest break should be in between your meal break and the end of your shift. security guards where they can essentially take a paid lunch during their shift (eat when they can) but are only scheduled for an 8 hours shift like from 11:00pm to 7:00am. Any advice? Monday thru Friday. If the employee’s workday will be completed in six hours or less, the employee may consent to waive (give up) the right to a meal break. It could be a split shift situation: https://www.dir.ca.gov/dlse/split_shift.htm#:~:text=What%20is%20a%20split%20shift? AFAIK, any actual signed waiver would be for the employer’s protection against the employee saying they did not agree to waive their meal. I drive 100 to 200 miles a day. But the employee may waive this second meal break if: Example: Rick is working an 11-hour shift at a fulfillment center. ), Just don’t make it longer than that, or you get in to the split shift pay arena: https://www.dir.ca.gov/dlse/split_shift.htm#:~:text=longer%20than%20a%20bona%20fide%20meal%20period, But if the morning break is less than 30, like a regular 10, I wouldn’t think it’d be ok to move it to 12, even with a waiver. Brinker Meal and Rest Case Decided. No forms. California's lunch break rules are applied uniformly to all industries under 14 Orders, including As long as I can stop work at or before the 5th hour ends I don’t seek a meal penalty hour of pay. Paid in cash seems more than a bit shady to me (ironic since a triple-digit work environment must be super sunny; I lived in the Coachella Valley for 30 years, so I know how much the heat sucks). Q. We have successfully obtained awards for our clients in over 97% of our trials and hearings — one of the best trial records in the State of California. For example, collective bargaining agreement provisions on meal breaks override the California laws for unionized employees who work, Generally speaking, employers may NOT require employees to continue working or remain “on-call” during meal or rest breaks.11. They stated they would issue a payment to me this was back in Feb 2020 it is now July and I have made several attempts to find out the status of this but they keep saying they are working on it . Under California meal break law (which is much more generous to employees than federal labor law), if you are a non-exempt worker, you are entitled to a 30-minute uninterrupted, duty-free meal break if you work more than 5 hours in a workday. An employment agreement or workplace policy can give an employee extra rest and meal breaks, either paid or unpaid, above the minimum required by law. I work from 4-1030pm. If your boss doesn’t comply with break … If you work over 6 hours, you are entitled to a second rest break. Shouse Law Group › Labor Law Attorney › Wage and Hour › Meal and Rest Breaks. A rough guide can be found on the following chart:4 Are they subject to the meal penalty pay? But the attitude on Monday for not going to work on weekends is obvious. Successful wage and hour class action lawsuits often involve failure to provide meal breaks or rest periods. These mandatory breaks must be in the middle of … I work 6:55am-10:45am clock out then go back at 1:50pm and leave at 5:45pm. Example: John works 18-hour shifts in California. And vis versa, do CA laws apply when someone from out of state works here? https://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm#:~:text=If%20the%20employer%20requires%20the%20employee%20to%20remain%20at%20the%20work%20site%20or%20facility%20during%20the%20meal%20period,%20the%20meal%20period%20must%20be%20paid. Is it okay to approve these type of requests occasionally? Under California wage and hour law, non-exempt employees must receive a thirty (30) minute lunch or meal break if they work more than five (5) hours in a day. See Eugene’s recent comment: https://calaborlaw.com/california-meal-break-law-for-employees/comment-page-22/#comment-12082. You should be paid for it if that time is taken from you. Anyone have any links to the actual law which states that an employer in California can not make you take your 30 min lunch 1 hr into your 8.5 hr shift? Under California meal break law (which is much more generous to employees than federal labor law), if you are a non-exempt worker, you are entitled to a 30-minute uninterrupted, duty-free meal break if you work more than 5 hours in a workday. You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work). The name is a “meal penalty” so it may seem like that, but by law it should be that they pay you an extra hour for working past the 5th hour. This took place in 2019 and they are still “working on it”. 5 - employers are only obligated to provide hourly employees with a lunch break. 12–6 is either two rest breaks (paid 6 hours of work) or one rest break and one meal break (paid 5.5 hours of work). See also FAQ #5 & #6 https://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm#:~:text=Is%20it%20permissible%20if%20I%20choose%20to%20work%20through%20my%20meal%20period%20so%20that%20I%20can%20leave%20my%20job%2030%20minutes%20early? The employee is allowed to revoke this agreement in writing at any time. AFAIK, the employer directs an employee’s schedule including breaks. Give us a call at (213) 992-3299. If you worked 12 to 3 took a meal break, then worked 3:30 to 8, I don’t see an issue because it’s less than 5 hours (4.5 hours). State wage and hours laws for meal periods vary. I know some states are very specific about that. There are, however, certain exceptions. You may not use this work for commercial purposes. If your boss doesn’t comply with break law requirements, they are required to pay you one extra hour of regular pay for each day on which a meal break violation occurred, and another extra hour of regular pay for each day on which a rest break violation occurred. Will that be considered me working 10hrs? You may not require an employee to work for a period of more than five hours per day without providing him/her with a 30-minute unpaid meal break. He actually provides us lunch too. (But again, I’m nobody.). For example, in California, an employer must provide employees who work at least five hours per day with at least a 30-minute meal period. 2. Keep in mind, there are many exceptions to the above for certain industries, such as the construction, healthcare, group home, motion picture, manufacturing, and baking industries. I am a non exempt manager who worked at least 50 sometimes quite more hours a week. California labor law requires that nonexempt employees take periodic, unpaid meal breaks. So I guess the employer would have to ask themselves if it’s worth the risk (to not pay), or if they should just pay the penalty hour, or if it’s not worth the risk or pay and to tell the employee that the employer must follow the law. If a company has multi-state locations and a non-exempt employee works in Maine normally, and then works for 3 days in CA. © 2020 California Labor and Employment Law, ← Final Paychecks – When Are They Due? Rest breaks/rest periods are also required under California labor regulations. 2 And even most employees who are considered exempt still have a right to take meal breaks (but not rest periods). In addition, so-called “on duty” meal periods, where employees must work through their meal breaks, are permitted only if: California employees may sue employers for denying them meal or rest breaks required under the Labor Code or labor regulations. Nakase Law Firm’s mission is to ensure fair pay in all workplace. The law forces your employer to pay you for work you do, but they won’t owe you meal penalty pay. Note, rest breaks and meal breaks are supposed to be separate, they should not be combined. All though we didn’t take the break or lunch, we were forced to record the breaks and lunch on our time card and also forced to sing a paper where it said that I have to take a break because it was mandatory. What is California’s Labor Law for Lunch Breaks? You owe the employee one hour of pay if the employee is unable to take one or more meal breaks. This you keep on file. Employers must pay for meal breaks if the nature of the job requires the employee to remain on duty, and employer and employee agree to the arrangement in … I am Resting between job locations. I worked for Pedros Tacos for almost 29 years. The most important group of exempt employees in California is white-collar exempt employees, who must meet all of the following requirements: In addition, California laws on meal and rest breaks do not apply to workers who meet the legal definition of independent contractors. If this employee actually punches out at 6:15, and they received BOTH breaks, as I understand it, actual working time is 5:45, so they would not be required to have a second rest break. If you work over 10 hours, you are entitled to a third rest break. Get a free meal, but never given 30 mins of break time. An employee who is fully apprised of the entitlement to rest may independently chooses not to take a day of rest.”. They do not constitute legal advice and should not be used or relied on as such. “If you work over 10 hours in a day, you are entitled to a second meal break of at least 30 minutes that must start before the end of the tenth hour of your shift. https://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm, https://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm. I heard easy up shade, if digging? Yeah, reach out via the contact page. 8 C.C.R 11040, section 12 (Rest Periods), endnote 3 above. I don’t know how legally enforceable it is, but was there any kind of availability form filled out that would be on file that says you aren’t available on Saturdays? Together, we can fight against employers wage theft, discrimination, and retaliation. In other words, if you voluntarily choose to work during a break, your employer is not responsible for that.12. I don’t know the exact ins-and-outs of what you’re asking as it pertains to COVID, but generally speaking… your employer directs your time/schedule and if they schedule you to come in you should be eligible for reporting time pay. I’ve done everything possible to work with them. Most employees in California (including most employees subject to wage and hour exceptions) are entitled to an unpaid, 30-minute meal break if they work more than 5 hours in a day. 12 A second meal break is required if employees work more than 10 hours in a day. 13 Also, to promote just economic growth through enforcement of California labor laws by civil actions. They should receive 1 rest and 1 meal break. Can my employer legal adjust my clock in and clock out times to prevent paying me o.t ? Like California overtime laws, California meal and rest period requirements only apply to non-exempt employees.8. You may be interested in learning more about the Split Shift premium here: https://www.dir.ca.gov/dlse/split_shift.htm, And also reporting time pay: https://www.dir.ca.gov/dlse/FAQ_ReportingTimePay.htm. Under California law, when an employer fails to provide a proper meal break to a nonexempt employee, the premium (penalty) owed is one hour of extra pay for each work day that this occurs. [Murphy v Kenneth Cole Productions, 40 Cal.4th 1094 (2007)], but in certain cases, a 1 year filing deadline could apply. So if the employer doesn’t have a waiver to sign, then they are leaving the company open for 3 years (statute of limitations on getting these in a lawsuit, as I understand it). breaks of less then 20 minutes are paid but are not required by any law. The correct answer is “it depends”. In that case, you’d be getting 11 hours of pay. Creative Commons License: 8 California Code of Regulations (“C.C.R”) 11040. I also heard water is also responsibility of employers? The statute of limitations on labor stuff is apparently 3 years (I’m not a lawyer, FYI) and I’d ask about emotional distress while you’re at it. Your second meal is due by the end of your 10th hour, unless you and your boss agree to waive it (and you did not waive your 1st meal), so in your example, second meal is due by 5pm (I believe this is where this site’s calculator goes wrong, though I could still not understand it all fully). And if your shift isn’t complete they send you home and cut your hours by default because the lunch was so long ? Under California wage and hour law, non-exempt employees must receive a thirty (30) minute lunch or meal break if they work more than five (5) hours in a day. Good question! I know that we are entitled to a 30 min lunch by law but can she force 1 hour lunch break even if I only want to take 30 min lunch break only, because I am leaving early, but working more than 6 hours technically? I Never took a lunch break , the 30 minutes break or 10 minutes break. To clock in and clock out for my background reference this is really a disruption and just my... 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