California has a reputation for having some of the most comprehensive labor laws in the U.S., making it one of the best states in the country to be a worker. These regulations put the employee first – ensuring they receive fair treatment and compensation. However, as an employer, navigating these laws can be overwhelming, especially for those who aren’t very familiar with the meal and rest break requirements.
In this article we’ll be covering California labor laws, providing a clear and concise overview of what workers are entitled to when it comes to meal and rest breaks throughout the workday.
In an employee-friendly state like California, labor laws are always in favor of your staff. This means that being an employee-friendly business is more than a bonus; it's a requirement.
Labor compliance laws set the standard of what your employer practices should be; and in a chaotic environment like a restaurant, it's a competitive advantage when retaining employees. Although it’s only one aspect of labor management, break compliance is one of the biggest threats to restaurant businesses; especially in California. The laws are blurry and complex, making meal and rest breaks hard to manage.
But the first step of managing the beast of meal and rest breaks is fully understanding its rules, regulations, and calculations. With an overarching goal of striving to make work easy for restaurant owners, we've put together a quick guide to meal and rest breaks in California:
According to the California Labor Code (Section 512) and the State of California’s Department of Industrial Relations, it is defined as follows:
In short, for every six-hour shift worked, an employee is eligible for a 10-minute paid and uninterrupted rest period and a 30-minute unpaid and uninterrupted meal break, unless the meal or rest break is mutually waived by the employee and employer.
Meal and rest break violations are easy to come across if you’re not keeping close track of them and penalties can be hefty. Some examples of cases where an employer would need to pay a meal break penalty are outlined below:
The penalty is equal to one hour of an employee's regular rate. This rule exists to protect employees and grant them the right to uninterrupted meal and rest breaks lasting 10-30 minutes. It also deters employers from violating these meal and rest break laws.
Peter is scheduled to work from 11:00 am to 5:00 pm. As he works a six-hour shift, he is entitled to one unpaid 30-minute meal break and one 10-minute paid rest break. His scheduled breaks are as follows:
At 1:20 pm, Peter is asked by his manager to work through this rest break due to an overflowing lunch rush. Peter agrees and works through his rest break. A rest break premium, which is equivalent to one hour of Peter's regular rate, will be given to him in return. In this scenario, Peter's manager did not provide him with an undisturbed break and made the intentional decision to pay him the rest break penalty instead.
For his meal break...
At 2:55 pm, Peter is prompted by his manager to prepare to take his unpaid meal break. He is in the middle of serving a large party and decides that he does not want to go on his meal break. Peter's manager allows this; therefore they have both mutually agreed to waive the break. In this scenario, his employer does not have to pay a meal break penalty as Peter was provided with a meal break, but he chose not to take it. Any waived breaks do not require a written agreement. However, a meal break waiver form is a great tool for Peter's manager to cover his bases as an employer and to track and manage waived breaks.
It gets tricky when the act of waiving breaks comes into play. Employers must provide the opportunity for employees to have a meal break. However, if the employee chooses not to go when the break is offered then the employer is no longer liable to pay a meal break penalty. Meal break waivers are not legally required, but they can be used as a preventative measure to avoid wage claims and lawsuits. When creating a meal break waiver, they should include 3 key components:
One of the hardest parts of rest and meal break compliance is ensuring that employees actually take them. If your business is trying to reduce labor costs, consistently paying meal break penalties isn’t the way to go. Consider using an all-in-one people management software, like Push. From tracking break compliance to payroll, we’ve got your restaurant covered. Say goodbye to manual clock-ins and clock-outs. Book a demo with us today to see how the power of an integrated system can help you avoid hefty fines, penalties, and lawsuits.
This document is provided by Push Technologies Inc. ("Push Operations") for information purposes only. This is not an official or legal document and should not be taken as legal advice. Push Operations does not guarantee or warrant the accuracy or completeness of the information provided. For the most accurate and up-to-date information, please check with the proper governing authority.
“In the labor numbers, we were reporting about a $300 to $400 difference than what we were getting through Push!”
-Tara Hardie, ZZA Hospitality Group, 16 locations
