The California Supreme Court has said that employers must provide breaks, relieve employees of their duties during those periods and be sure not to interfere with workers' ability to take breaks. If the requirements for an on-duty meal period are not strictly met, however, it can be very costly. "If the conditions are met, you are only obligated to pay the employee for the time worked," King said.
A cashier who works alone at a coffee kiosk or a convenience store or a security guard working alone at a remote site would likely qualify.Ī California appeals court recently held that the written agreement must include language explaining that the employee may revoke the agreement in writing at any time. "On-duty meal periods are permitted by agreement under very specific circumstances," explained Rebecca King, an attorney with Fisher Phillips in Irvine.Īn on-duty meal period is permitted only when the nature of the work prevents an employee from being relieved of all duty and the employer and employee agree to an on-the-job paid meal period in writing. In certain circumstances, an employee may be permitted to have an "on-duty" meal period, but the time must be paid at the worker's regular rate of pay. That way, even if they take a little shorter break, they will still receive the required 30 minutes. "Consider providing a 40- to 45-minute unpaid meal period," Mills said. "Never set those meal-break times too close to the last minute," Mills cautioned.ĭo employees tend to start their day a few minutes before their shift begins? Does this lead them to clock out for lunch after their fifth hour of work ends? Benyamini recommends creating a buffer of at least 10 or 15 minutes so employees don't bump up against the clock.Īdditionally, employers should note that conscientious employees may want to be back at their workstations within the time allotted for their meal break, which may motivate workers to routinely clock out for less than 30 minutes if that's all the time they are given.
So if workers clock in at 8 a.m., for example, they must clock out for lunch by 12:59 p.m. Meal breaks must be taken before the end of the fifth hour of a shift. A second break must be provided after 10 hours but can be waived if the first break was taken. They can waive their right to take a meal break only if they work no more than six hours. This is because the rest period is supposed to begin when the employee is relieved of all duties.Įmployees must also receive a 30-minute unpaid meal break for every five hours they work. Many employers don't have a problem ensuring that employees get a net 10-minute break, but this could be an issue, for example, if it takes workers five minutes to get from their workstation to the breakroom, noted Pascal Benyamini, an attorney with Faegre Drinker in Los Angeles. This means employees should be taking their rest breaks near the middle of each four-hour work period, if possible, in a place away from the work area. Here are the key points California employers should understand about meal and rest break compliance in the state.Ĭalifornia's nonexempt workers are entitled to a 10-minute paid rest break for every four hours worked "or major fraction thereof." According to the state's Division of Labor Standards Enforcement (DLSE), work periods of more than two hours are a "major fraction" of four, but a rest period isn't required if an employee's total daily work time is less than three and a half hours.Įmployees have the right to take a "net" 10-minute rest break.
Employers need to understand how evolving laws and court interpretations on key issues can impact their policies and practices.Įmployers should keep in mind that certain industries and jobs may have exceptions or different rules-so they should check the wage orders that apply to their workforce. "A lot of companies are using outdated policies," said Brian Mills, an attorney with Snell & Wilmer in Orange County. California's detailed meal and rest break laws are a source of confusion for employers and can lead to expensive litigation if they are not properly followed.
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