In California, employees who are considered non-exempt have a legal right
to receive meal breaks and rest periods through the course of their shift.
The length of their shift will determine the amount of breaks an employee
is entitled to. Failing to provide these rest periods or meal breaks can
have serious consequences for employers.
Rest & Meal Breaks per Shift
Employees are entitled to a certain number of rest breaks and meal breaks
per shift, but the number of breaks varies, depending on the length of
the shift. These breaks are divided into paid 10-minute rest breaks, and
unpaid 30-minute meal breaks. Different lengths of shifts can require
different combinations of breaks.
Shift Length & Breaks:
Less than 3.5 Hours: No rest or meal breaks.
3.5 to 5 Hours: 1 rest break, no meal breaks.
5.1 to 6 Hours: 1 rest break, 1 meal break
6.1 to 10 Hours: 2 rest breaks, 1 meal break
10.1 to 14 Hours: 3 rest breaks, 2 meal breaks
More than 14 hours: 4 rest breaks, 2 meal breaks
Employee Break Rights
Employers are required to provide breaks to their employees, as outlined
in California employment laws. There are some situations where specific
breaks may be waived, if both the employee and the employer agrees to
it. By definition, a rest period is a paid, uninterrupted period 10 minutes
where an employee is not required to work. A meal break is an unpaid,
uninterrupted period of 30 minutes, during which an employee is free to
attend to their personal business, including eat.
Penalties for Denying Breaks
If a single break is denied during the course of a shift, the employee
is entitled to 1 hour of extra pay at the employee’s regular hourly
rate. If multiple breaks are denied, the employee should earn up to 1
hour of extra pay per workday, and an additional hour per workday for
the missed breaks.
If the employer refuses to pay employees additional wages for missed breaks,
the employees may dispute their
missing wages. There are 3 ways employees can fight for their rightful wages:
- Resolve their dispute informally with their employer
- File a lawsuit
- File a wage claim with California’s Division of Labor Standards Enforcement (DLSE)
The employee’s specific situation is important to consider when resolving
wage claims. The DSLE is designed to reduce the employee’s risks
and costs when it comes to a claim and is often an excellent method to
recover missing wages. There is a strict deadline to file a claim, however.
3 years from the date of the break period violation to file a claim with the DSLE.
Marder Employment Law believes that every employee should receive their rightful wages and breaks.
Attorney Bill Marder is a Hollister
employment lawyer who is backed by more than 20 years of experience defending the
rights of employees. He is committed to providing his clients with efficient,
one-on-one representation to resolve their employment law issues.
Learn how Bill Marder can help you.
Contact his offices to request a free