Are You Following the Law for Meal Periods and Rest Breaks?

According to California law, hourly employees must be provided a meal period of no less than 30 minutes when the work period is more than five hours. The employee should be relieved of all work duty during the period. If, for a valid reason, the employee needs to be “on duty” during the meal period or may not leave the employer’s premises, the meal period is counted as time worked and must be paid at the employee’s regular rate of pay.

It is the employer’s obligation to relieve its employee of all duties, but the employer is not obligated to ensure that no work is done. The first meal period must be provided no later than the end of the fifth hour worked, and a second meal period no later than the end of the tenth hour worked, if applicable.  With regard to rest breaks, employers must make a good faith effort to permit rest breaks in the middle of each work period. There should be one 10-minute rest break in the work period prior to the meal break, and one 10-minute rest break in the work period following the meal break.  Ideally, in a traditional 8 hour work day, one break would occur in the morning and the second break would occur in the middle of the afternoon.

Although this law seems pretty straightforward, it is often violated. According to the Community Law Center at Santa Clara University, 3001, 1,051 Labor Commission judgments have been recorded in Santa Clara County Superior Court against companies for work break violations.

Recently, a San Diego Superior Court judge certified a class action lawsuit that would allow the attorneys of four former Apple retail store employees to represent nearly 21,000 current and former hourly retail and corporate employees for alleged work break violations occurring between 2007 and 2012.

Please check your policies, procedures and practices to ensure they are aligned with state mandated meal periods and rest breaks. Violations can be costly.

If you need help developing or updating your policy handbook, please contact me.