Are 15-Minute Breaks Legally Required in California

What are the rest break laws in California?

In California, non-exempt workers have the legal right to take breaks for meals and breaks to rest. Meal breaks are still a right for most workers, even those who aren’t technically considered exempt (but not rest times). When a food break or rest period is not provided by an employer, the employee has the right to an additional hour of compensation at their usual hourly rate.

If the employer does not give enough breaks for employees to eat or relax, the employee can get an extra hour for each break they do not get and an extra hour for each meal they do not get. A twelve-hour shift without breaks or meals will result in two more hours of pay at the employee’s standard hourly rate. It is the legal obligation of employers to allow non-exempt workers a break when their shifts go beyond a specific number of hours.

It is not necessary for workers to do any work during a 10-minute break period. Workers should receive compensation even when they’re not on the clock. During work hours, employers must provide appropriate resting facilities in a separate area from the restrooms.

What is the required number of rest periods?

The duration of a worker’s shift determines the required number of breaks.

Workers typically get 10 minutes off for every four hours they put in. If an employee works less than 3.5 hours, they are not entitled to a rest period.

An employee has the right to a ten-minute rest break during the four-hour workday if they work the “major fraction” of that time. For this purpose, more than two hours constitutes a significant portion of a four-hour period.

Example 

Edward works in a diner and has a six-and-a-half-hour shift. Edward is entitled to a ten-minute break for every four hours of work, and another for every two and a half hours after that. Why? Because 2.5 hours is greater than half of 4 hours, which is a “major fraction” of 4 hours.

Combining these regulations, a non-exempt worker is qualified for the following rest periods:

Fewer Than 3.5 Hours

A worker who puts in less than 3.5 hours does not have the right to a rest break.

3.5 Hours or More

Every worker who puts in at least 3.5 hours is entitled to a 10-minute break.

Longer than Six Hours

If a worker puts in more than six hours, they are eligible for two 10-minute breaks, giving them a total of twenty minutes to relax throughout their shift.

Over Ten Hours

Working more than ten hours gives an employee the right to three 10-minute breaks, which adds up to 30 minutes of rest time throughout their shift.

The list goes on… 

Anyone who reaches another four-hour mark is eligible for an additional ten-minute break.

When Is the Appropriate Time to Rest?

The state of California mandates that, to the extent that is practically possible, rest breaks must occur midway through work periods. There is some leeway in the timing of rest periods because this language isn’t extremely specific.

In most cases, businesses must try their best to accommodate employees’ requests for mid-shift breaks. However, if that becomes problematic due to practical factors, the employer has the option to provide rest breaks at different points throughout the shift.

Skipping of Rest Breaks

Workers have the right to a certain amount of break time, and their employers must approve and grant that time. Doing otherwise would be a breach of the law, the consequences of which are detailed in the section that follows.

The law in California allows workers the freedom to opt out of rest breaks if they like, without any consequences for the company. But it is against the law for employers to push or urge their employees to skip rest breaks.

Plus, companies in California can’t make their workers stay on-site or be available during breaks. The California Supreme Court recently ruled as follows:

The law mandates that workers be completely free from work and supervision during mandatory breaks, and that employers should not interfere with workers’ activities in any way.

Therefore, workers need to have unrestricted freedom to do anything they want during their rest breaks. Failure to comply will result in the employer being liable for the penalties outlined below.

When non-exempt employees perform shifts that go beyond a specific number of hours, it is the legal obligation of their employers to allow them to take meal breaks.

Employees can take care of personal matters for 30 minutes without interruption during a meal break. Typically, employees do not receive payment for meal breaks unless their employer neglects to release them from all responsibilities.

Even though it’s called a meal break, employees are under no obligation to eat during this period, and employers are also under no obligation to supply food. It is up to the employees to decide whether they want to leave the premises, perform personal errands, or stay on site during their meal break.

Amount of Required Meal Periods

The amount of meal breaks that employee is required to take, similar to rest periods, is directly proportional to the duration of their shift.

5 Hours or Fewer

A worker who puts in five hours or fewer does not have the right to a meal break.

More than 5 Hours

An employee is eligible for one 30-minute meal break if they work for more than five hours.

Over 10 Hours

Workers who put in more than 10 hours are eligible for an additional thirty-minute lunch break.

The most important factor in determining an employee’s entitlement to a meal break is the actual number of hours worked, rather than the number of scheduled hours.

Example 

Although an employee’s shift is supposed to be eight hours long, they are only actually working four hours. It is not the employer’s legal responsibility to give that worker a break for lunch.

When Meal Breaks Are Required to Be Taken

The first meal break of an employee must begin prior to the completion of their fifth hour of work. A worker who is eligible to a second meal break must begin it before the end of their tenth hour of work.

The Responsibilities of the Employer

A legally mandated meal break requires employers to:

-Free their worker from any responsibility

-Give up control of what the person does

-Give their employee a fair chance to take the whole thirty minutes off without interruptions

It is not the responsibility of the company to monitor employees’ meal breaks or to make sure they don’t work during those times. Employees are free to take one without interference or disapproval from their employers.

Giving up meal breaks

The employer and employee can agree to forego the meal period if the employee works six hours or fewer. No employee will be exempt from the meal period if they work more than six hours.

Both the employer and the employee can agree to waive the second lunch period if the employee works twelve hours or fewer, but only if they did not waive the first meal period.

These waivers need not be in writing; a simple spoken agreement will do. However, for legal reasons, it is still prudent for employers to have a formal waiver.

Breaks for Meals While on the Job

The law does not always require companies to let workers off the hook completely when they take a lunch break. These periods are known as meal breaks while on duty.

Workers are required to receive payment for lunch breaks while on the clock, but they are not eligible for the penalty that would be imposed if they were to skip a meal.

Meal breaks while on the clock are permitted only under the following circumstances:

-Both the employee and the employer have agreed in writing to a paid meal period while on the job, and the nature of the task makes it impossible to relieve an employee of all duties.

-The employee has the right to revoke the agreement at any moment, as stated in the written agreement.

Meals On-Site

As a general rule, workers should have the option to leave the workplace during their lunch break. However, in situations where an employee’s meal break must be taken within the employer’s workplace, such as during on-duty meal breaks, the employer is obligated to furnish the employee with an appropriate eating area.

Similarly, if a meal break falls on a shift that starts or ends between 10 pm and 6 am, the company is obligated to provide the necessary facilities for employees to get hot food and drink or to heat it. In addition, the employer is obligated to provide a suitably covered area where employees can eat or drink.

If a company does not give their workers the legally required breaks, such as food breaks or rest periods, the company is obligated to pay the workers one additional hour at their usual hourly rate.

If the company does not give enough breaks for employees to eat or relax, the employee can get an extra hour for each lost break and an extra hour for each lost meal.

Example 

An individual is putting in a full seven hours. Regrettably, their company does not grant them any time off for meals or rest. Despite not taking two breaks and missing one meal period, they are only eligible for two additional hours of compensation.

When a worker is legally allowed to a break for lunch or to rest, the boss pretty much has a choice. It can do these things:

-Supply the legally mandated rest period or food break

-If it’s permissible under the law and the worker is willing, agree to forego the break

-Make up for the lost break time by paying the one-hour penalty

Staff members are not liable to be penalized for failing to take lunch breaks or rest periods that are offered to them, regardless of whether their employers were aware that they did not take the breaks.

On the other hand, it’s against the law for employers to try to get their workers to miss breaks (in which case the worker would likely be entitled to use the penalty).

Example 

A worker is putting in seven hours of work. Despite their employer’s invitation to take a 30-minute lunch break mid-shift, the worker opts not to.

Due to this missing meal break, the employee is not eligible to receive a one-hour penalty.

Crucially, workers still need to get compensated for the work they did regardless of whether they opted to skip lunch and weren’t entitled to an extra hour.

Breastfeeding Mothers’ Rest Periods

Businesses in California must allow their female employees the time off they need to express breast milk for their newborn. It would be ideal if this break time could align with the employee’s other permitted breaks.

The employer is exempt from paying the employee during a breastfeeding break if it does not align with other designated break times.

It is the employer’s responsibility to ensure that its lactating employees have access to a private space where they can express milk without interruption. Ideally, the designated spot would be near the employee’s desk, but it must not be a restroom.

Providing breastfeeding breaks is not mandatory for employers if it would significantly interfere with their business operations. Employers have a heavy weight to bear in this regard, and it is common practice to mandate breaks for nursing mothers.

Not giving a nursing mother a rest might have serious implications. For every infraction, the company in question is liable to pay a $100.00 civil penalty.

Violating Policies Regarding Exempt Workers

Some workers do not have the right to take breaks. Employers refer to these personnel as exempt employees. Executives, managers, and professionals make up the bulk of the exempt workforce. However, some sectors are subject to different regulations or have their own set of exceptions.

In order to be considered an exempt employee under California law, a worker must often meet three simple requirements:

1. Pay Rate: An employee working full-time is required to get a pay that is higher than the state minimum wage.
2. White Collar Jobs: The main responsibilities of the employee should be management, administration, or professional work.
3. Independent Judgment: The worker must be able to use their own judgment and decision-making in the course of their job.

The employee is often considered “exempt” if all three conditions are satisfied. The worker likely does not have a right to rest breaks in such situations.

Exemptions for Certain Jobs

The meal and rest break regulations in California are subject to several exclusions that are industry-specific. As an illustration, there are situations where staff who are directly responsible for children are occasionally granted permission to eat during their on-duty periods, even if this would be forbidden for other employees.

Some more sectors that could have separate regulations are:

-People who work in healthcare

-Some people who work for government

-People who work in the film business

-People who work at wholesale bakeries

-People who are part of a legally binding collective bargaining agreement (also called a union contract)

-Commercial drivers

-Workers involved in construction trade

-Workers employed by security firms in the capacity of security officers

-Workers for electrical companies, gas companies, or publicly owned power utilities in their area

Seek the advice of an experienced California employment attorney if you identify with any of the aforementioned categories or have reason to believe that your line of work may be exempt from the state’s meal and rest period regulations.

Compensation for Violations of Meal and Rest Break Policies

Workers who have had their lunch or rest period privileges taken away from them have three primary recourses: either informal resolution with their employer, legal action in court, or a wage claim with the DLSE in California.

Sadly, a lot of companies aren’t eager to settle the disagreement amicably. Litigation, on the other hand, can eat up both time and money.

The purpose of wage claims is to lessen the financial burden and potential dangers faced by employees. Additionally, the DLSE has the authority to levy fines against companies and mandate that they compensate the employee for any damages.

Naturally, each employee’s unique circumstances will dictate the optimal approach to resolving a dispute over meal and rest breaks. Before making any major decisions, it’s wise to consult an attorney.

Workers, though, should be aware that the deadlines for filing wage claims or lawsuits are very tight. Typically, you have three years from the date of the claimed violation of the meal period to launch a claim or litigation.