CALIFORNIA LABOR LAW REMINDER – MEAL AND REST BREAKS
February 21, 2019
Pursuant to the California Labor Code, employers in California must ensure proper documentation of the hours for which employees must be paid. If employees are working at unscheduled times, for example, even short periods of extra time generally must be recorded and the employee must be compensated.
Non-exempt employees must also receive regular meal and rest breaks. An employer must provide an unpaid, off-duty meal period of at least 30 minutes no later than the fifth hour of an employee’s shift. “Off-duty” means that an employee is free from work obligations and cannot be encouraged to skip the break. An employer must provide a second unpaid meal break if an employee works more than 10 hours. Additionally, employers must provide at least 10-minute uninterrupted rest breaks for all nonexempt employees whose total daily work time is at least 3.5 hours. These often, though not always, fall mid-shift between meal breaks.
Employers in California should be aware of these requirements and ensure that scheduling of employees’ work hours is compliant, as employees may bring claims under the California Labor Code for lost wages as compensation.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Alexander Matthews (amatthews@eckertseamans.com or 202-659-6633).
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