The term “lunch hour” has become a misnomer since most employers don’t actually have an obligation to provide their employees with an hour of lunchtime. Most people would agree that working long hours without any breaks reduces an employee’s productivity. However, federal laws like the Fair Labor Standards Act (FLSA) and the Family Medical Leave Act (FMLA) don’t require employers to offer lunch breaks. While a federal rule requires at least one 20-minute break, lunch and mealtime breaks aren’t determined by federal laws, and instead, each state has its own laws.
So, does a California employer have to give you a meal and rest breaks?
Legal Rights of California Employees During Work Hours
California labor laws mandate employers to provide certain employees with rest breaks. Lunchtime breaks, legally referred to as meal breaks, are also required in certain circumstances.
When an employee works less than a total of three-and-a-half hours, an employer in California isn’t required to provide a rest or meal break. However, for every four hours that an employee works, an employer in California must provide one ten-minute rest. That ten-minute rest break must be paid.
Meal breaks work differently. Under California’s labor laws, an employee must be given a 30-minute meal break when they work more than five hours. However, meal breaks are not paid.
California’s labor laws set a minimum standard of protection for employees. Each employer can allot more rest and meal breaks. They cannot, however, provide less time than mandated by the state.
Rest breaks:
Employees who work a minimum of three-and-a-half hours but no more than six hours are entitled to one ten-minute rest break. When an employee more than six hours and less than ten, they are entitled to a second ten-minute rest break. Technically, rest breaks are considered time worked and therefore must be paid.
There has been some debate about when rest breaks should take place. For example, when an employee works an eight-hour shift, they may prefer to have a ten-minute break before their meal break and another after. However, Courts have refused to dictate such rigid rules for when breaks shall occur. However, breaks should happen in the middle of an employee’s work period when practicable.
There are, however, rules about what constitutes a rest break. The rest break must be free from actual work. That means that the employer can’t require employees to perform their work duties while they are on their rest period. Such a demand would effectively be a denial of an employee’s rest period.
Whether an employer can require an employee to sit at their desk for a rest period becomes a factual inquiry. Much will depend on whether the employee is denied in using their break for their own purposes. The rest period must be free from duties, but the employer can require the employee remain on the premises. In most circumstances, the employer should provide a separate resting area.
An employee has the option to willingly forgo their rest period. Yet, that doesn’t alleviate an employer from offering rest time. When an employer forces an employee to work during their rest break, it will be considered a violation of California’s Labor Laws.
Meal breaks:
Meal periods must be provided after five working hours. They are at least 30-minutes in length and are unpaid. During a meal break, the employee must be entirely relieved of their duties. There is a requirement that lunch breaks be “duty-free.” That means that the employee is not required to do any work. They are also free to leave their workstation and the business premises. That means they are free to leave the work-site if they so choose.
If an employer requires an employee to take their lunch break at their desk or workstation, then it is not a duty-free meal break. Therefore, if you are forced to eat at your desk, your employer would be in violation of California labor laws.
Penalties:
An employer who refuses to provide a duty-free meal break or rest break stands in violation of California Labor Laws. Penalties may include a “meal period premium,” which boils down to an additional hour of pay for every missed meal or rest break.
Employers who systematically refuse to provide employee lunch breaks can face significant liability in premiums, interest, penalties, and even payment of attorney fees.
If you have been denied meal or rest breaks, call to speak with one of our specialized employment lawyers at SANFORD A. KASSEL, A Professional Law Corporation, at 909.884.6451.
