Rest and meal breaks in California aren’t just a nice-to-have, they’re legally mandated, all the way down to how frequently rest breaks must be given over the course of a workday. In a CER webinar titled “Meal & Rest Breaks in California: Long-Awaited Brinker Decision Is Finally Here; What It Means for You,” Marc L. Jacuzzi outlined some guidance on this topic.
Rest and Meal Breaks in California: When Must a Rest Break be Provided?
In the webinar, Jacuzzi outlined the key points employers need to understand regarding rest breaks in California:
- Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period. The authorized rest period time shall be based on the total hours worked daily at the rate of 10 minutes net rest time per 4 hours or major fraction thereof. No employer shall require any employee to work during any meal or rest period.
- However, while employers have a duty to make a good faith effort to authorize and permit rest breaks in the middle of each work period, they may deviate from that preferred course where practical considerations render it infeasible. In the context of an 8-hour shift, as a general matter, one rest break should fall on either side of the meal period (i.e. no combining rest breaks, again unless practical considerations render it infeasible).
- That said, a rest period need not be authorized for employees whose total daily work time is less than 3.5 hours.
- Any authorized rest period time shall be counted as hours worked for which there shall be no deduction from wages.
There are penalties for non-compliance. Jacuzzi explained that “if an employer fails to provide an employee a meal period or rest period in accordance with . . . [these provisions], the employer shall pay the employee one additional hour of pay at the employee’s regular rate of compensation for each day that the meal or rest period is not provided.”
Rest and Meal Breaks in California: Clarification on Timing of Rest Breaks
Even with these guidelines, recent lawsuits regarding meal and rest breaks in California have prompted the courts to give further guidance on the timing of the rest breaks. The original rule states that employers must authorize and permit a rest period for every 4 hours worked or major fraction thereof. The court defined “major fraction thereof” to mean a fraction greater than one-half – i.e., any amount of time in excess of two hours. This means that employees are entitled to:
- One 10-minute rest period for shifts from 3.5 to 6 hours in length
- Two 10-minute rest periods for shifts of more than 6 hours up to 10 hours in length
- Three 10-minute rest periods for shifts of more than 10 hours up to 14 hours in length
- And so on
As you can see, rest and meal breaks in California have some very detailed guidelines and penalties for non-compliance. While paying one hour’s wage for each day rest periods are missed might not sound extreme, it can add up quickly when entire groups of employees are involved and/or the timeframe is long. It’s in your best interest to get it right the first time and avoid the premium pay penalty.
To register for a future webinar, visit CER webinars.
Marc L. Jacuzzi, Esq., is a shareholder in the law firm of Simpson, Garrity, Innes & Jacuzzi (www.sgilaw.com). He advises clients regarding all aspects of the employer/employee relationship including hiring and termination, wage and hour requirements, employee classification, civil rights and discrimination issues, employee investigations, commission plans, employment contracts, employee handbooks and policies, confidential information agreements, reductions in force, leaves of absence, employment audits, M&A employment issues, violence in the workplace, and international employment issues.