Meal time and break violations are a common workplace practice. Although federal law doesn't give employees a legal right to breaks for meals and rest, it does require employers to pay for such breaks unless the employee is relieved of all job duties. In other words, if an employee has to work through lunch or a break, the employee is entitled to be paid for that time. If the employee is free to spend the time as he or she pleases, the employer doesn't have to pay.
The rules are different in California. California law requires employers to provide both meal and rest breaks. An employer may not:
- move an employee’s meal time or break period before or after the employee's shift
- refuse to let an employee take meal or rest breaks
- require an employee to do any work during a meal or rest break, or
- require an employee to waive the right to take a meal or rest break.
California Meal Break Laws
Under California law, an employee who works more than five hours must be allowed to take a meal break of at least 30 minutes. Unless the employee is completely relieved of all duties during the meal break, it is considered an "on duty" meal period that must be paid. On duty meal periods are allowed only if the nature of the employee's job prevents the employee from being relieved of all job responsibilities and the employer and employee agree, in writing, that the employee will have on duty meal breaks.
If an employee works no more than six hours, the employer and employee can agree to waive the meal break. This agreement must be voluntary.
Employees who work more than ten hours in a day are entitled to a second 30-minute meal break. The employer and employee can agree to waive this second break if the employee works no more than 12 hours total, but only if the employee received his or her first break. In other words, both meal breaks may not be waived, even if the employee wants to do so.
California Rest Break Laws
California law also gives employees the right to take a ten-minute paid rest break for every four hours worked. This break must be as close to the middle of the four-hour work period as possible, unless the nature or circumstances of the job prohibit this. Rest breaks are supposed to be in addition to time the employee needs to use the restroom.
In Case of Employer Violations
If an employer fails to provide an employee with a meal break, the employer will be required to pay the employee for one hour of pay, at the employee’s regular rate of compensation, for each workday that the meal period was not provided. The same penalty applies to missed rest breaks. This violation is counted on a “per day” rather than per violation basis. This means if you work for more than ten hours and are entitled to two meal breaks, for example, you are entitled to only one hour of pay for that day, even if you missed both breaks.
In addition, the meal premium pay may also increase the amount of overtime pay that you are due.
If you feel that your employer is not following the law requiring meal and rest breaks for you and other employees in the company, you can consult with a knowledgeable labor and employment attorney to advise you on the matter.
