Meal and Rest Break Laws in California

What You Need to Know About Meal and Rest Break Laws in California

Employees are guaranteed their rights to meals and breaks at work. Here is what you need to know about meal and rest break laws in California.

California Labor Code Section 512 states that every employee is entitled to a thirty meal period after no more than five hours of work, but the meal period can be waived with the consent of the employee if the said employee works no more than six hours. The employee also has the right to a second meal period of no less than thirty minutes if the employee works more than a ten-hour shift. Additionally, the Division of Labor Standards Enforcement requires that each employee must be allotted a ten-minute rest break for each four-hour work period. If this is not provided to the employee, the employer must pay one additional hour of regular rate pay for each workday that the rest period is not provided (protected by the California Labor Code Section 226.7)

Employee Meal Period Law Guarantee

The California Labor Code protects employee’s rights to a designated 30 minute meal period after no more than five hours of work. This guarantees that:

The employee must be relieved of all duties. If the employee is not completely relieved of all tasks and obligations on their provided meal period, then they must be compensated at their regular rate of pay.
The employee is entitled to the option of an “on duty” meal period only if the nature of the work prevents the employee from being relieved of all their duties.
- However, this “on duty” meal period can only be valid if the nature of the work prevents the employee from being relieved of all their duties and there is a written agreement between the employee and the employer stating that both parties consent to this on-duty meal period. The employee also has the right to terminate this agreement to an “on duty” meal period at any time as stated and protected by IWC Orders 1-15, Section 11, Order 16 Section 10 of The Industrial Welfare Commission Wage Orders and the California Labor Code.
As held in Bono Enterprises, In. v. Bradshaw (1995) 32 Cal.App.4th 968, if an employer requires an employee to remain at the worksite during their allotted meal period, the meal period must be paid, regardless of if the employee is being removed from their duties.
Each employee is also entitled to an adequate supply of water, soap and cleansing agents, and single-use hand towels for their meal period. This is protected by the Industrial Welfare Commission Order 16-2001.

Obligations of the Employer For A Meal Period

Following the guidelines stated by the California Labor Code Section 512, an employer must guarantee a meal period to their employees rather than merely making it available. The employer:

Must allow the employee to end all work-related activity during their meal break,
Must completely relieve the employee of their duties,
Must permit a reasonable opportunity for the employee to take their meal period,
Cannot impede or discourage the employee from taking their allotted meal period, and
Cannot undermine meal providing by pressuring employees to perform their duties in ways that may hinder or omit their meal breaks.

How to File a Wage Claim

An employee may wish to file a wage claim against their employer if they are not receiving their meal period at work, are not being paid accordingly, or if their employer is violating any of the obligations required by the California Labor Code that are listed above. If an employee wishes to file a wage claim against their employer, the following are important to keep in mind:

An employee can file a wage claim with the Division of Labor Standards Enforcement or they have the option to file a lawsuit in court.
The compensation that is available to the employee by filing a wage claim or a lawsuit against an employer would be one additional hour of pay at the regular rate for each workday that meal period is not provided (California Labor Code Section 226.7).
An employee only has three years to file a claim of a meal period violation as stated by the California Labor Code Section 226.7.

Employee Rest Period Law and Rights

California law protects an employee’s right to have a designated paid rest period of ten consecutive minutes for every four hours of work. This is protected by the California Labor Code and the Industrial Welfare Commission Wage Orders. Here is what else is guaranteed to the employee for their rights to a rest break:

This ten-minute consecutive rest period must be paid for by the employer.
This ten-minute rest period is defined as a “net” ten minutes and does not begin until the employee reaches the appropriate area for rest at the worksite.
The Industrial Welfare Commission Wage Orders requires employers to authorize and allow their employees to take a rest period that must, unless impractical, be taken in the middle of each work period.
Employers are required to provide a rest area for their employees to take these rest periods, and it must be a separate area from the restrooms.
An employee who needs to express breast milk for their infant child is allotted a reasonable amount of time to do so at any time the employee deems necessary.

It is important to note that there are some special exceptions where the employer can alter the rest period of an employee:

Employees who participate in 24-hour residential care facilities may have their rest period limited in specific situations in order to continue to provide care (IWC Order 5-2001, Section 12(C)).
Employees who are performers of strenuous physical activity (such as dancers) must be allotted additional rest periods during rehearsal (IWC Order 12-2001, Section 12(C)).
Employers are allowed to stagger the rest periods of their employees in order to continue the flow of production and continuous operations (IWC Order 16-2001, Section 11 (A)) so long as the employer makes up the rest period within the same day or compensates the worker for the missed ten minutes of rest time at their regular rate of pay within the same pay period (IWC Order 16-2001, Section 11 (B).

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If you have any more questions about meal and rest break laws in California, get your free consultation with one of our California Employment Attorneys today!