CALIFORNIA LABOR LAWS ON LUNCH BREAK

California has notoriously strict wage and hour laws for employers; one particular complicated area is related to California lunch break law. Lunch break compliance continues to be the source of litigation for California employers. Generally, California labor law requires that employers provide lunch breaks for their employees and that they are paid for some of this time. To comply with the rules, employers need to understand California break laws, do everything possible to communicate the legal requirements to their employees as well as provide them with opportunities to take lunch and rest breaks. Otherwise, they may find themselves exposed to considerable amounts of litigation and financial risk from legal penalties. This post talks about the lunch requirements that California employers must meet.

LUNCH BREAKS

Lunch breaks are compulsory breaks that an employee must take at some time every day in their workplace. Many employers in California provide lunch break as a matter of custom and policy, maybe because they recognize the fact that a worker who is tired and hungry may not be productive and pleasant to co-workers and customers. The time to take meal breaks in California can vary among businesses, but there are specific lunch break laws in California that employers and employees must adhere to a daily basis.

Subject to California wage and hour law, employers are required to provide or permit lunch breaks to workers who work a minimum number of hours without any interruptions. The employers will satisfy their legal obligations to offer a lunch break to their employers if they:

• Do not have control over the activities of their employees
• Do not discourage or obstruct their employees from going for a lunch break.
• Relieve their workers of all duty
• Give their employees a levelheaded opportunity to take a 30-minute, uninterrupted lunch break.

Furthermore, employers are not required to monitor whether or not the employees actually take the break. In other words, you are in charge of your break.

LUNCH BREAK AND REST BREAK ARE NOTABLY DIFFERENT

Lunch breaks and rest breaks are two different entities and should be separated. There are various topics of discussion about the premium wage employers owe a worker who misses a lunch break and a rest break in one day. Is it an hour of pay or two hours of pay, since two different violations have occurred? Under the California law, a worker that is denied both the lunch break and the rest break is eligible to 2 hours of extra pay. For instance, your employee cannot give you a single 1-hour break as the total time count for all of your rest breaks and lunch breaks. Of course, there are many exemptions to the above, like the healthcare, manufacturing, construction and the baking industries.

CALIFORNIA LUNCH BREAK REQUIREMENTS

According to Labor Code 512, nonexempt employees are eligible for a 30-minute uninterrupted lunch break after they have worked for five hours. The break must start no later than the end of the fifth hour of the employee’s shift. The employee can, however, agree with your employer to waive the lunch break if you do not work beyond 6 hours a day. If a nonexempt employee works for ten hours in a day, then they are eligible for another 30 minutes lunch break no later than the end of the tenth hour of employee’s shift.

If the employee’s entire workday does not exceed 12 hours, the worker may decide to give up their second lunch break, provided they actually took the first break. Before any lunch break can be waived, the employer must get the consent in writing and should be signed by both the employee and the employer to avoid future disputes.  In other words, the workers may not waive both breaks in one day. If the employer fails to comply with the requirements of the break law, they must pay the nonexempt employee one extra hour of regular pay for each of the days wherein a launch break law is violated.

CALIFORNIA EMPLOYEE ENTITLED TO LUNCH BREAKS

To understand what lunch breaks you are entitled to, you need to first understand the type of employee you are. Similar to California overtime laws, the lunch break law under California labor laws applies only to nonexempt workers. They are entitled to lunch break if they work five or more hours per day. Nonexempt employees include people hired in technical, professional, mechanical, clerical and other related job positions whether paid on commission, piece rate, salary or other bases.

AN EXCEPTION TO THE STANDARD CALIFORNIA LUNCH BREAK LAWS

A number of employees may not fall within the standard California lunch break requirements for nonexempt workers. These are employees that work in managerial, administrative, professional and executive capacities. They may include independent contractors, white-collar employees, and the unionized workers in some industries that are offered lunch breaks on a different plan or schedule.

For instance, the collective negotiation agreement provision on meal breaks supersede the California labor laws for unionized workers who work as commercial drivers and security officers, those who work in construction works, wholesale baking industry, broadcasting industry, motion picture industry and those that work for gas, electrical or public utility companies. Subject to Labor Code 515(a), an employee must satisfy the following conditions to be classified as an exempt employee:

• Earn a monthly salary equal to at least twice the California minimum wage for permanent employment.
• Have specific primary work duties
• Spend more than 1½ of their work time doing creative, managerial or intellectual work;
• Apply discretionary judgment and independent opinion to implement their duties

IS MY LUNCH BREAK PAID OR UNPAID?

The California labor law generally requires employers to provide a lunch break if the employee works for at least five hours in a shift. Employers do not have to pay for this time. In fact, lunch breaks are generally unpaid. On the other hand, some businesses may offer paid lunch break to their workers, but it is not mandatory for nonexempt workers under California labor laws.

CAN MY EMPLOYER CANCEL MY LUNCH BREAK?

Employers cannot cancel their employees’ lunch break. If an employer instructs their employees to get back to work while on lunch break, this is as good as denying the employees their meal break and it is an act that violates California labor laws. Employers are only required to offer a lunch break and are not to enforce the lunch break period. The decision to take a lunch break lies with the employee. If a worker willingly continues to work when they have lunch, then the employer is not responsible.

MY EMPLOYER REQUIRES THAT I WORK OR BE “ON-DUTY” DURING MY LUNCH BREAK

Generally, the California labor law does not require that an employer should allow employees to continue working or be “on-call” during lunch breaks. If the employer provides employees with lunch break, but the employees are not free from work duties during the break, then the meal is considered on-duty. This is legally tantamount to denying the employees the lunch break, and the employer must compensate the employee for the lunch break at the employee’s regular wage.

Even if the worker is relieved of all job activities during lunch break, but still need to be on the job site, the employer may be obligated, subject to California law to reimburse the worker for their lunch break. Nevertheless, employers are not mandated to ensure that employees do no work during their lunch break. Therefore, if employees willingly decide to work during their lunch break, then the employer is not responsible and not liable for any penalty. On the contrary, there are some exceptions where the California labor law allows employees to work during their lunch break. These include if:

• The nature of the work of an employee does not allow the employee to be reasonably relieved of all duties during lunch break, such as if the employee is the only person on duty. In this case, the employer and the employee may agree in writing to on-duty lunch breaks.
• The worker agrees in writing to remain on duty during lunch breaks. The employee can revoke this agreement in writing at any time, except under Wage Order 14 of Agricultural Occupations.

CAVEAT: Employers should be cautious and should consult a legal counsel before authorizing on-duty lunch breaks.  On-duty lunch breaks are upheld only in limited circumstances.

CAN I SUE MY EMPLOYER FOR FAILING TO ALLOW LUNCH BREAKS?

Subject to the California labor code 512, California workers may sue their employers for not allowing them to go for lunch breaks in the court of law. They can also file a class action on behalf of other workers that are denied lunch breaks. Any employer who is found guilty owes the employee an extra one-hour pay for each lunch break they denied the employee for a maximum penalty up to 2 hours wages a day. Note that your claims are dependent on strict filing deadlines. For lunch break violations, the filing deadline is usually considered three years according to a recent decision of the California Supreme Court. But in some cases, the 1-year filing deadline could apply. United Employees Law Group can help you file a California labor board complaint.

CAN EXEMPT SALARIED WORKERS SUE THEIR EMPLOYERS?

It depends. There are several different kinds of exceptions under California labor laws. As a supervisor, you may fall under the executive exemption, but that exception has various requirements, which your employer may have blown. Other kinds of exempt workers are also eligible for lunch break rights. For example, truck drivers are usually considered exempt employee but are eligible for lunch breaks under California labor laws. Again, schedule an appointment with a competent employment attorney to see if your situation qualifies for lunch breaks.

CAN BUSINESSES FORCE THEIR WORKERS TO TAKE A LUNCH BREAK IN CALIFORNIA?

Most big companies are often careful about penalties under California lunch break law. To ensure employees are getting their legal time for lunch, some businesses have put in place time-clock mobile app or software to clock-out employees by force for a 30-minutes lunch break every five hours. It is generally legal for an employer to forcibly clock-out their employees at set intervals, except the worker is mandated to be on-call or on-duty at that time, cannot leave the work premises, or is pressured to continue working during the break time. Employees who are clocked-out for lunch breaks by force, but are pressured to continue working may have a claim under California off-the-clock work law.

PENALTIES FOR FAILING TO PROVIDE LUNCH BREAKS

Any employer who fails to provide their employees with the required lunch break has violated the California work break law. Subject to the California Labor Code 226.7, the penalty for refusing to provide employees with a lunch break or refusing to pay workers when they unwillingly use their lunch break to work is equivalent to an extra hour of pay of the employee’s regular rate. The same punishment applies when a worker gives up both the first and the second lunch break, albeit both waivers are carried out willingly. For instance, if a worker who earns $13 per hour works for 8 hours a day and is not given a meal period, the employee is eligible to an extra pay of $13 for each day a lunch break was not given. Employers must pay for this missed lunch break in the employee’s next take-home pay. In the case an employer does not provide rest or lunch breaks, California labor law requires that employees should collect two days worth of pay for every workday for the past three years.

CONCLUSION

Employers should endeavor to audit their practices and policies about lunch breaks to ensure total compliance with the California wage and hour laws, thereby preventing any litigation. As a worker, there are instances your employer may have improperly denied you of your legal pay or workplace rights. For questions about California labor laws on lunch breaks or you want to discuss your case with an experienced California labor and employment lawyer, do not hesitate to contact United Employees Law Group.

Reference

https://www.dol.gov/agencies/whd/state/meal-breaks#California

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