California Labor Laws About Meal Breaks
- California has laws in place concerning meal breaks.lunch wagon construction image by Greg Pickens from Fotolia.com
In the 1800's, meal breaks were a luxury for workers. Oftentimes a person would have to work 12 or more hours without a break. Today, the situation is far different. Laws are in place concerning meal and rest breaks both at the federal and state level. These laws may be fuzzy in other states, but in California these laws are clearly defined. - According to California labor law, a person cannot work more than 5 hours without a meal break of 30 minutes or longer. If the shift lasts six hours or less, the meal break can be waived by mutual consent between the employer and employee. If the employee works between 10 to 12 hours, a second meal break of not less than 30 minutes is required at the end of ten hours. The second meal break can be waived by mutual consent only if it is the first meal break was not waived.
- In order for an employee considered to be on an off-duty meal break, all responsibility must be removed. If the employee has some responsibility, then he is considered "on duty" and this meal break is considered hours worked, and must be paid. The pay must be the employee's regular rate of pay. For effective purposes, it's as if no meal break took place. This clause was written in to prevent gray areas, such as "Jim, go ahead and take lunch, but keep an eye on the machine." An on-duty meal break can only take place if the nature of the employee's job prevents him from being relieved of all responsibility. Furthermore, an on-duty meal break must be in a written agreement between the employer and employee. The employee is given the right to revoke his written statement at any time.
- For an unpaid meal break, an employer cannot specify where an employee can take his meal break. As a matter of convenience, a lunch room may be offered, but it is not mandated. In effect, the employee is off duty and is on his own time. He is free to do as he wishes. If meal breaks are required to be taken on the premises, the employee is considered on duty, the meal break must be paid, and all laws for on-duty employees apply. Furthermore, if the meal break is mandated to be on the premises the employer must provide a lunch room or suitable area, complete with potable water, soap and single use paper towels.
- An employer cannot call an employee meal break off duty when he is in fact on duty, or if no lunch break is given. If this happens, the employer must pay one additional hour of regular pay to the employee for every day the violation takes place. This pay will not be used to calculate overtime hours. If an employee feels he has been retaliated against by complaining about the lack of meal breaks, he can file a discrimination/retaliation complaint with the California labor commissioner.
