According to the current labor laws of California, the employer must permit nonexempt employees a rest period in the middle of each work period. Every employee is entitled to a 10-minute break for every four-hour period. In fact, anything more than a 2-hour period is considered a `major fraction’ of the four-hour period.

Most importantly, the law requires that the employer pays for the rest breaks. If the employee works during the break, he or she is entitled to additional compensation. However, those employees who work for less than one-half hours are not entitled to rest.

Exceptions

Any person employed in executive or administrative capacity may have their rest periods limited under certain circumstances. In addition, swimmers, skaters, dancers and other employees engaged in strenuous activities must have additional interim rest breaks on top of the general rest periods. Such periods shall be utilized for rehearsal.

In pursuant to labor code 1030, the employees of on-site occupations like mining, logging, and construction can have continuous work operations to avoid disruptions of the work flow. However, the employer is required to schedule for rest periods that coincide with the breaks set forth by the law. Alternatively, the employer can choose to compensate the employees for the missed 10 minute periods.

Rest periods should only take place in the immediate work area or other designated areas by the employer. The employer is required to provide suitable resting facilities like toilets.

Legal Consequences On Rest Periods

In the event that the employer fails to give an employee resting breaks, the employer must pay an additional hour of pay. The rate is based on the regular rate of pay for each workday. If the employer refuses to pay for such breaks, you can file a wage claim. This is done at the Labor Commissioner’s Office.

You can also file a lawsuit in court against your employer with the help of a good attorney. The claim must be filed within 3 years of the alleged rest period violation. When the court rules in the employee’s favor, the DLSE will have the court enter the order, decision or award (ODA) against the employer.

According to the Industrial Welfare Commission, rest periods should not be confused with the time taken by the employee to use toilet facilities. In fact, the employer cannot limit the time an employee is absent from his or her work station when using such facilities. If your employer threatens you for filing a claim, you should file a retaliation complaint with the Labor Commissioner’s Office.

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All employers in California must let their employees take meal breaks. If they don’t, they can get sued. Even if there is so much work that needs to be done, they’re still human beings and they need to eat. Of course, the meal breaks isn’t limited to just eating. Employees can also do other things aside from eating during the meal breaks.

Some things they can do include looking at their social media accounts and replying to their text messages. Of course, during office hours, they may be barred from looking at their mobile phones so this is also a time for them to catch up what they’ve missed. Hence, employees should be familiar with the meal breaks they have and here they are:

First Break

During the first five hours of an employee’s shift, the person is required to take an uninterrupted 30-minute break. Whenever a colleague needs the individual for work-related matters, the person can simply say she’s on break and the colleague will understand.

However, if the shift of the employee is only for six hours or less, the break may be waived off. Of course, it should be agreed on by both the employee and the employer. After all, the employee will be the one who will get hungry during the 6-hour period.

Second Break

For employees who work more than 10 hours, they must take a second 30-minute break. It must be consumed no later than the employee’s 10th hour at duty. The employee does have the option of waiving off the second break as long as she doesn’t work more than 12 hours.

The individual may want to go home earlier or she may think the second break isn’t necessary. If the employee and employer both agree to it, the second break may be waived. It may be possible the employee lives nearby, so she prefers to just go home earlier and rest.

On-Duty Meal Breaks

In very rare cases, employees can be allowed to take on-duty breaks. This would highly depend on the nature of work of the employee. For example, if the employee is always at the field, there’s no question an on-duty break is needed. Of course, it must still be agreed on by both the employee and employer.

No matter how addicted to work employees are, these breaks are mandatory. Besides, they’ll get stressed if they work for 8 hours straight. Hence, these meal breaks are for the good of the employees.

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