California Labor and Employment Law

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What Break Periods Am I Entitled To?

032008 2030 whatbreakpe1 What Break Periods Am I Entitled To? Under California law (which is much more generous to employees than federal law), if you are a non-exempt worker, you are entitled to meal and rest breaks: a 30-minute meal break if you work more than 5 hours in a workday, and 10 minutes breaks for every 4 hours you work. There are other requirements though. If your boss doesn’t comply with break requirements, they are required to pay you one extra hour of regular pay for each day on which a break violation occurred.

For the nitty gritties, see below:

Rest Breaks

If you work at least 3.5 hours in a day, you are entitled to a rest break.
Your boss must give you a rest break of at least 10 consecutive minutes for each 4 hours worked.
Rest breaks must to the extent possible be in the middle of each work period.
Rest breaks must be paid.
Your boss may require you to remain on work premises during your rest break.
You cannot be required to work during any required rest break. [Cal. Lab. C. 226.7]. BUT, you are free to skip your rest break provided your boss isn’t encouraging or forcing you to.

Meal Breaks

If you work over 5 hours in a day, you are entitled to a meal break of at least 30 minutes. BUT, you can agree with your boss to waive this meal period provided you do not work more than 6 hours in the workday. You can also agree with your boss to an on-duty meal break which counts as time worked and is paid.
If you work over 10 hours in a day, you are entitled to a second meal break of at least 30 minutes. You can agree with your boss to waive the second meal break if you do not work more than 12 hours and you did not waive your first meal break.
Your boss has an affirmative obligation to ensure you are free to take your meal break off work premises.
You cannot be required to work during any required rest break. [Cal. Lab. C. 226.7]. Your boss has an affirmative obligation to ensure you are actually relieved of all duty and are not performing any work during meal breaks.

Keep in mind, there are many exceptions to the above for certain industries, such as the healthcare, group home, motion picture, manufacturing, and baking industries.

If your employer is violating your rights to meal and rest breaks, you should contact a lawyer right away. Your claims could be subject to strict filing deadlines. For meal and rest break violations, the filing deadline is usually considered to be 3 years thanks to a recent California Supreme Court decision. [Murphy v Kenneth Cole Productions, 40 Cal.4^th 1094 (2007)], but in certain cases, a 1 year filing deadline could apply.

Keep on taking those breaks!

Photo courtesy of cjmellows

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http://www.smallhomebusinessblog.com/ Stacey Derbinshire

I found your blog on google and read a few of your other posts. I just added you to my Google News Reader. Keep up the good work. Look forward to reading more from you in the future.

Stacey Derbinshire
http://www.smallhomebusinessblog.com Stacey Derbinshire

I found your blog on google and read a few of your other posts. I just added you to my Google News Reader. Keep up the good work. Look forward to reading more from you in the future.

Stacey Derbinshire
http://www.CALaborLaw.com Eugene Lee

Stacey,

Thanks so much! I’ll try not to disappoint! Let me know if you have any questions you want answered. I’ll be happy to make it a topic for my next post.

Gene
http://www.LOEL.com Eugene Lee

Stacey,

Thanks so much! I’ll try not to disappoint! Let me know if you have any questions you want answered. I’ll be happy to make it a topic for my next post.

Gene
Michael

Can rest period breaks be combined to take one 20 minute break at some point during a shift or must you take the break during the 4 hours of work?

Thanks
Michael

Can rest period breaks be combined to take one 20 minute break at some point during a shift or must you take the break during the 4 hours of work?

Thanks
Tony Schmidt

It doesn’t specifically say above that the meal breaks one is entitled to in an 8 hour working day have to be paid. I am asking as an employee where our boss has suddenly announced that we have to clock out for lunch – thus not get paid – for 30 minutes every day.
Thanks
Tony
Tony Schmidt

It doesn’t specifically say above that the meal breaks one is entitled to in an 8 hour working day have to be paid. I am asking as an employee where our boss has suddenly announced that we have to clock out for lunch – thus not get paid – for 30 minutes every day.
Thanks
Tony
Toby

Where is the law, specifically where can I print out the law that says I am entitled to 10 min rest periods?
Toby

Where is the law, specifically where can I print out the law that says I am entitled to 10 min rest periods?
Li

http://www.dir.ca.gov/dlse/faq_restperiods.htm

Q.
What are the basic requirements for rest periods under California law?

A.
California employees covered by the rest period provisions of the Industrial Welfare Commission Wage Orders must be provided with a net 10-minute paid rest period for every four hours worked or major fraction thereof. Insofar as is practicable, the rest period should be in the middle of the work period. If an employer fails to provide an employee a rest period, the employer shall pay the employee one hour of pay at the employee’s regular rate of pay for each workday that the rest period is not provided.
Li

http://www.dir.ca.gov/dlse/faq_restperiods.htm

Q.
What are the basic requirements for rest periods under California law?

A.
California employees covered by the rest period provisions of the Industrial Welfare Commission Wage Orders must be provided with a net 10-minute paid rest period for every four hours worked or major fraction thereof. Insofar as is practicable, the rest period should be in the middle of the work period. If an employer fails to provide an employee a rest period, the employer shall pay the employee one hour of pay at the employee’s regular rate of pay for each workday that the rest period is not provided.
ed

I find the maximum time till a meal must be granted, but isn’t there a minimum also? Can a employer have you take your meal 1 1/2 hours after you start work? Not clear.
ed

I find the maximum time till a meal must be granted, but isn’t there a minimum also? Can a employer have you take your meal 1 1/2 hours after you start work? Not clear.
df

Can a employer have you take your rest period 1 15min after you start working? should it be 2hrs.after the start time?
df

Can a employer have you take your rest period 1 15min after you start working? should it be 2hrs.after the start time?
William

Are meal breaks and rest breaks two different entities? What I’m getting at is, if I work 5 hours, I’m entitled to a 30 minute meal break, but am I entitled to a 10 minute rest break as well? or does the 30 minute break revoke that privilege?
William

Are meal breaks and rest breaks two different entities? What I’m getting at is, if I work 5 hours, I’m entitled to a 30 minute meal break, but am I entitled to a 10 minute rest break as well? or does the 30 minute break revoke that privilege?
chris

My boss told me after 6 hrs we are suppose to clock out and take 1 hour lunch is this correct? I was told this is already in effect.

I never heard of working 6 hours and taking 1 hour lunch
chris

My boss told me after 6 hrs we are suppose to clock out and take 1 hour lunch is this correct? I was told this is already in effect.

I never heard of working 6 hours and taking 1 hour lunch
chris

My boss told me after 6 hrs we are suppose to clock out and take 1 hour lunch is this correct? I was told this is already in effect.

I never heard of working 6 hours and taking 1 hour lunch
writer

Can a boss forbid you and a coworker from taking lunch at the same time?

Kismet1974

Yes. Your employer can mandate that lunches all be scattered, so long as they are given/taken.

writer

Can a boss forbid you and a coworker from taking lunch at the same time?
http://www.attorneyservicesetc.com Postergal

Employees should be given the mandated meal and rest periods. Just like other individuals, they need to eat and rest so they can do their job properly and effectively.
jae

Can the employeer have you work for 4 hours. give a 1 hour lunch then have you work for 4 more hours? can they consider the 1 hour lunch to include the 10 min breaks without specifying the breaks are included? time cards only ask for start and end time of lunch break.
http://www.attorneyservicesetc.com Postergal

The one-hour lunch break excludes other breaks or rest periods. It is solely for meal time. The employer may shortened it to 30 minutes but the other half should be compensable.
http://yahoo.com sam

can my boss tell me if i tack a brack hey can fire me and i did not tack a brack when i shud it was 1 hr befor i go home
Chris

Do you if EXEMPT employees are entitled to the same laws?
Chris

Do you if EXEMPT employees are entitled to the same laws?
Chris

Do you if EXEMPT employees are entitled to the same laws?
http://rafa1993@sbcglobal.net Hector Martinez

Hello, i worked 3 years for this company, and never took breaks, anyway, i started at 7am and finished at 3.30 pm. but took 1 hour lunch. can i file a wage claim?????hector
Kim

Our employees work from 8:30 to 5:30 each day. They take a one hour lunch per person. Are they also entitled to two ten minutes breaks on top of this? We have one employee who comes in late very frequently and tries to claim this is ok since she doesnt take her breaks. Also she will occasionally charge overtime since she doesnt take her breaks.

My understanding is that if they work 8 hours they are allowed a 30 minute lunch along with two ten minute breaks. If they take an hour lunch how does thia affect things?

Thanks!

Kismet1974

1. Yes, they are entitled to two ten minute breaks in addition to the 30 minute meal period. 2. If an employee is late, that’s just it… LATE. An employee cannot decide to come in ten minutes late and take it as their break period. The break period is earned AS they work not because they intend to work. I suggest you write this employee up for tardiness. Create a paper trail and hopefully the employee will start to be punctual. 3. An employee cannot decide to work through their paid ten minute break and then charge for overtime. Overtime is hours worked over 8/40 (not 7:40/38:20)
http://pulse.yahoo.com/_YSANO3HYJOZH4GB4XC7OKPOLE4 kef

I hope this employee is gone now after a year. They should never be given the upper hand. They work for you. If she’s late, write her up. After 3 write ups.. terminate her. If you send her on a break and she refuses… send her home. You’ll have to pay SMP if its before the half way point of her shift (if you send someone home early you have to pay them for half the scheduled shift unless they volunteer to go home… so if its an 8 hr shift you have to pay 4 hrs no matter what.) If she continues to refuse, terminate her. Document EVERYTHING.

Kim

Our employees work from 8:30 to 5:30 each day. They take a one hour lunch per person. Are they also entitled to two ten minutes breaks on top of this? We have one employee who comes in late very frequently and tries to claim this is ok since she doesnt take her breaks. Also she will occasionally charge overtime since she doesnt take her breaks.

My understanding is that if they work 8 hours they are allowed a 30 minute lunch along with two ten minute breaks. If they take an hour lunch how does thia affect things?

Thanks!
Kim

Our employees work from 8:30 to 5:30 each day. They take a one hour lunch per person. Are they also entitled to two ten minutes breaks on top of this? We have one employee who comes in late very frequently and tries to claim this is ok since she doesnt take her breaks. Also she will occasionally charge overtime since she doesnt take her breaks.

My understanding is that if they work 8 hours they are allowed a 30 minute lunch along with two ten minute breaks. If they take an hour lunch how does thia affect things?

Thanks!
http://hi jonny

i have a questiong if u scadgel to work 11 to 230 do you supost to get 10 min break? and the other question i have can the sand u home after 1 1/5 hour home?
olisia

i have two questions. first one is if you scadgeld to work 11 to 230 are you suposto get 10 min break? and the other one is can they sand u home after 1 1/5?
olisia

i have two questions. first one is if you scadgeld to work 11 to 230 are you suposto get 10 min break? and the other one is can they sand u home after 1 1/5?

guest

please learn how to spell…
Kismet1974

1. No, the employer does not have to give you a ten minute break for a 3.5 hour shift. 2. Yes, they can send you home early but have to pay you for at least two hours.

Chewiefrancisco

Yes, the employer does have to give you a 10 minute rest break!! At 3.5 hours you then have that 10 minute break! This is stated at the top of this page. If you work at least 3.5 hours in a day, you are entitled to a rest break.

olisia

i have two questions. first one is if you scadgeld to work 11 to 230 are you suposto get 10 min break? and the other one is can they sand u home after 1 1/5?
Maureencahalan

can you in ca. sign away your right to a 30 min lunch ?? also if you are on overtime, can your employer have you clock off and credit towards another day when you havent worked a full 8 hour shift
cyndi

If i agree to work seven hours without taking a meal break, but eat something at my desk, is this legal for my employer to allow me to do.
Williamburgess

what is the law when you employer does not pay you on the day you are suppose to get paid

Flcaligirl

they have 72 hrs to get your check to you

Debbie

what if they dont get your check to you in 72 hours? What then?

Sogold

what if you just got back from your break but nature calls and you have to use the restroom again right after the break, is suspension justified?

Guest

Is there someone able to answer this question. We are looking for the answer to this question as well from the employers point, as we have many employees using the restroom every 30-40 min. Thank you for your time.
http://pulse.yahoo.com/_YSANO3HYJOZH4GB4XC7OKPOLE4 kef

I think its preferred you do that on your rest break but I think suspension is a bit much. I’d find a different job. Employers sometimes let the power go to their heads.

Cindy

Is my employer required to provide an area seperate from the work area for employees to take their lunch and break? If so, where can I find the law code?

Guest

I am not sure which state you are in but in CA it is CA.gov go to the workers tab and look under I think it was break laws and it states that they must provide you with a rest area other that bathrooms away from your work area. I am pretty sure that is how it reads. Good luck.

Lirda

i also have this problem. I work for a non-profit and i’m contracted with the depatment of corrections to provide a service for parolees. we are no longer able to eat at our work stations and have no other place to have lunch. we only have a 30 minute period that is unpaid. what is the law? dont they have to provide a suitable place for us to take our lunches? Linda @ Lirda@aol.com

texas08

is an employer allowed to tell me or others that we take too long in the bathroom?

Guest

Is there anyone that can answer this? As an employer we have problems with employees taking their 15 min break we provide and about every 30-40 min, besides the break, disappearing into the restroom for 10- 15 min. Is there anything we can do? Thank you for your time.

Kismet1974

Yes. There is something that you can do. If they are not performing their job/duties up to par, write them up. Write them up again if they do not perform up to par again, again, etc. There is a reasonable amount of time that should be given for restroom use but I know that it can get rediculous. Also, you do not have to provide 15 minute breaks, 10 minute paid breaks are what is required by law.

Leo1874

no if it falls in the time frame of your break or lunch time

Mukut

can i use my cell phone in my working plese?

http://pulse.yahoo.com/_YSANO3HYJOZH4GB4XC7OKPOLE4 kef

most employers dont allow it, especially if your in a customer service position it would be unprofessional to be using your cell phone when you should be helping customers. where i work only managers can have cell phone for in case the phones go down and an employee needs to call.

Redlayd1964

New policy at work. Tobacco free environment. I have been told that I can not use tobacco products on my ten minute break because it is a paid break. I would like to know if I take my ten minute break inside my car, can I smoke during that time since my car is my personal property but on company property? I also have been told that if I choose to smoke it must be when I am clocked out for lunch and have driven my car off company property. Is this how it is?

Kismet1974

During a paid rest period, your employer CAN mandate that you do not leave the premises. Cheers to them making it a smoke-free environment!
senna23

I dont mind my employee smoking while on her meal or rest period. she is very addictive and takes a break to smoke about 10 times a day.
I have been very nice , and shes young and probably thinks its not a big deal. I would like to know if i can force her to clock out when she is taking a smoke break as itt adds up to a lot of time she is paid. I know i can deny smoke break but she currently feels that she is not liked, and i dont wanna ban her from smoking. Is it my right to clock her out during her smoke break
http://pulse.yahoo.com/_YSANO3HYJOZH4GB4XC7OKPOLE4 kef

If they are paying you, they can specify this and can also tell you you can’t go to your vehicle on your paid rest break I believe.

cmr

I am schedule 7 hours of work time per day. After being on the clock for 3 hours my employer made it mandatory to take a 2 1/2 hours lunch break, which resulted in being physically at work for 9 1/2 hours per day for a 7 hour payday. Is this type of practice lawful?
Cruzin95619

If you are a fulltime employee can your employer force you to work parttime hours?
Ric

Mr. Lee
If an employee is only getting 7 hours on the clock and the employer is just giving us 20 minutes for lunch FREE is this legal?

Thanks Ric my email is “zartsky@charter.net”

Kismet1974

No, there has to be a mutual agreement between the employer and the employee.

Concerned

I work 3.5 hours a day & my boss makes us clock out for our 15 min break & we do not get paid for it. Another day my boss told me to do a few things & I went over my 3.5 hours so they told me that they weren’t gonna pay me for the overtime. Can he do this???

http://pulse.yahoo.com/_YSANO3HYJOZH4GB4XC7OKPOLE4 kef

wow… illegal. the rest break is required to be paid and all hours worked must be paid but over 3.5 hours isn’t overtime though.

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