California has very strict labor laws, many of which provide employers with responsibilities and employees with rights that aren’t found in federal laws. Some of these laws require employers to provide specific rest breaks and meal periods.
All employers in California must ensure they understand these requirements and implement them to minimize the chance of a legal claim being made against the company. This is one of the only ways to reduce the chance of these claims. If an employee initiates a case, launching a defense against the claim is critical.
Rest breaks
Employers must provide a rest break to an employee every four hours they work. The law considers anything more than two hours to be a major fraction of the required hours, but a rest break isn’t required until the worker has put in at least 3.5 hours for the shift. Certain industries have exceptions to this requirement.
Rest breaks are compensable time, so workers must be paid for these breaks. The breaks should be provided as close to the middle of the four hours they cover.
Meal periods
Employers must also provide employees with a meal period if the employee works at least five hours in a shift. This is a required break that must last at least 30 minutes. If the employee works less than six hours, the employee can waive the break. The employee is also required to have a second meal period if they work more than 10 hours in a shift. They can waive one of the two meal periods they’re required but must take the other one.
All meal periods can be unpaid as long as the employee is relieved of all duties during the entire break. If the employee is required to do any work, even something as simple as greeting someone or answering the phone, the break must be paid.
Employees may take legal action against an employer if they don’t receive the breaks they’re due. Prevention is one of the most effective options because it addresses the possibility of these claims occurring. Employers must ensure they schedule breaks appropriately and keep records of all breaks employees take. If any waivers are agreed upon, those should be made in writing. If an employee files a claim, the employer should have someone on their side to assist them with a defense strategy.