California labor laws and federal laws about employee meal and rest breaks are pretty different. The U.S. Federal law doesn’t require employers to give employees breaks. But that’s not the case in California. California Labor Code §226.7 says employers must provide meal and rest breaks, some of which are paid. If your employer hasn’t given you these breaks in California, Stop Unpaid Wages can help you stand up for your rights and push for a better work environment.

The Basics of Meal and Rest Breaks in California

As a new employee, you should familiarize yourself with California’s meal and rest breaks laws. Knowing your rights before starting a new job will benefit you later. Every business needs to follow these labor laws; if they don’t, you have the right to act.

The First Meal Break

In California, employers must give hourly employees a 30-minute meal break that isn’t interrupted, and this should happen by the end of the fifth hour of work if an employer lets a meal break start after the fifth hour, which goes against California’s Meal Break Law.

To meet this requirement, the employer should allow you to take a break from your work duties and leave the workplace. If you can’t leave or stop working, the break has to be paid.

One exception to this rule: if you work a shift between five and six hours long, you and your employer can agree to skip the meal break. But this agreement must be voluntary, and you can change your mind anytime.

The Second Meal Break

If you work more than 10 hours each day, you must take a second mandatory 30-minute meal break. You should take this break after your 10th hour of work, but you can skip it if: 

  • You don’t work any longer than 12 hours that day 
  • You actually took your first meal break 
  • You agree to give up the second meal break voluntarily 

Taking ‘On Duty’ Meal Breaks

You can have on-duty meal breaks in specific situations, but only if all these conditions are met:

  • You can’t be completely relieved of your work duties 
  • You can end the agreement anytime with a written notice 
  • There’s a written agreement between you and your employer 
  • You get paid for on-duty meal breaks 

It’s crucial to note that if you feel you can’t withdraw your consent without facing retaliation, your on-duty meal break arrangement might not be legal. 

The Basics Of Rest Break Laws

In California, you should get a 10-minute rest break every four hours you work. You earn the right to a rest break once you’ve worked at least 3.5 hours, and you get an additional break for every four hours worked, like this: 

  • 5 to 6 hours: You get your first rest break 
  • 1 to 10 hours: You get your second rest break 
  • 1 to 14 hours: You get your third rest break 

These 10-minute breaks count as paid time; your employer must let you completely step away from work during these breaks. You can use your break however you like. There are a few exceptions based on specific industries, but generally, you can’t skip these rest breaks.

On-duty vs. Off-duty Meal Breaks

In California, the law says that meal breaks must be “off-duty,” meaning employees must be completely free from work during their breaks. They can use this time however they want, without any supervision from their employer.

On the other hand, “on-duty” meal breaks are allowed if the nature of the job makes it impossible for employees to take a break without doing some work. If an employee has to take an on-duty meal break, they must sign a written agreement with their employer beforehand. They can also change their mind about working during their break and revoke that agreement in writing whenever they want.

Salaried/Exempt Employees Covered Under Rest and Meal Break Requirements

California’s strict labor laws outline which employees are “exempt” from overtime pay and rest and meal breaks. The rules for these breaks can differ based on whether someone is salaried or exempt, but both types of employees are entitled to at least one uninterrupted meal break in their workday.

Factors like salary level and job responsibilities come into play when determining if an employee is exempt. Misclassifying employees can lead to hefty penalties for employers and lost wages for them.

Classification Requirements

The state’s Industrial Welfare Commission (IWC) Wage Orders specify exemptions for various industries and jobs. These rules define work conditions, including who gets overtime.

Employers must ensure they classify employees correctly according to the right Wage Order. Misclassifying can lead to legal issues. California courts consistently interpret these exemptions in a way that favors employees. If there’s any confusion about classification, it usually goes against the employer. 

When there’s a dispute about an employee’s exempt status, the employer has to prove that the employee meets all the exemption criteria. 

The Salary Threshold

California sets a specific salary requirement for exempt employees. Starting in 2024, an exempt employee must earn at least twice the state minimum wage for a full-time job, which is $66,560 a year for employers with 26 or more employees and $64,480 for those with 25 or fewer. This salary threshold will automatically increase whenever the state minimum wage goes up. 

The salary should be fixed, which means it can’t change based on hours worked or how productive the employee is. Employers can’t lower an exempt employee’s pay because of:

  • Changes in workload
  • Partial-day absences
  • Slow business periods

If they make the wrong deductions, the employee’s exempt status could be at risk, leading to back pay for overtime earnings.

Duties Tests 

Whether an employee is classified as exempt in California depends on their salary and job duties. The state has strict tests to see if someone qualifies for an exemption. Courts and regulatory agencies look for employees to spend over 50% of their work time on exempt tasks, which is tougher than the federal FLSA’s standard of “primary duty.” 

The IWC Wage Orders explain these tests and group exemptions by job functions. Employees need to do managerial, intellectual, or creative work and use their judgment on important issues to qualify. Simple or manual tasks don't meet the exemption criteria even if done by high earners. 

Employers should closely examine what an employee does to meet the duties tests. Even if employees sometimes handle high-level tasks, they can still not qualify for the exemptions if their main job duties are non-exempt.

Having discretionary authority is also important. Employees should make independent decisions that affect the business, not just follow set procedures. 

Occupational Categories 

California law has three main categories for exempt employees:

  • Executive
  • Administrative
  • Professional

Each category has duties tests that must be met and a salary requirement. Employers should closely review employees' job functions to determine eligibility.

Executive

According to the Fair Labor Standards Act, the executive exemption refers to managers who don’t get overtime pay.  To qualify, they must oversee at least two full-time workers and have the power to hire or fire. These activities ought to consume more than fifty percent of their work hours. Employers must pay executives their complete salary, even during slow business periods, or they could lose their exemption status and face claims for unpaid overtime.

Professional

You can only get a professional exemption for jobs that require specialized academic training to enter the field. These include licensed professional roles such as:

  • Physicians
  • Attorneys
  • Engineers
  • Innovative positions that require uniqueness

To be eligible, workers must mainly engage in cognitive or artistic tasks that demand discretion. Regular activities don’t matter. Creative individuals such as writers and designers could be eligible if their output demonstrates originality, whereas those engaged in mass production or routine tasks probably do not. Employers must verify that the job truly necessitates specialized expertise or inventive talent.

Administrators

Exemptions for administrative roles pertain to employees performing non-manual tasks associated with management or business activities. To be eligible, they need to make autonomous choices regarding significant issues. These typically encompass HR, marketing, finance, and compliance positions, although not every office role meets the criteria.

In one case, the California Supreme Court decided that insurance adjusters using standard guidelines weren’t exempt. If an employee does both exempt and non-exempt tasks, businesses must analyze their time spent on each to avoid misclassification and potential penalties. Regular audits of administrative roles are a must for compliance.

California Employees Eligible For Meal and Rest Breaks

In California, most employees get meals and rest breaks, but not everyone. Employees who get breaks are usually called exempt or nonexempt. An exempt employee doesn’t qualify for overtime, rest, or a meal break.

Generally, all employees are considered non-exempt unless they fit into specific job categories, including:

  • Administrative
  • Computer Professional
  • Professional
  • Outside Salespersons
  • Executive

You must pass a strict exemption test even if your job matches one of these categories. If you don’t pass, you are non-exempt and entitled to breaks.

To pass the exemption test in California, you need to meet these requirements:

  • You must earn at least double the California minimum wage
  • You need to make significant decisions that require judgment and discretion, like company policy decisions
  • Your job tasks shouldn’t be simple, repetitive, or involve manual labor

These are the main points of the test, but the specifics can vary based on your profession. Since these questions depend on individual situations, it’s a good idea to talk to a California meal and rest break lawyer to see if you’ve been classified correctly. Employers sometimes misclassify nonexempt workers as exempt and skip giving them breaks.

Suppose you don’t meet these requirements (and your employer needs to prove this, not you), then you are a non-exempt employee. That means you’re protected by California labor laws, which include the right to meal and rest breaks.

Consequences for Not Following California Meal and Rest Break Laws

California employers can face fines for not following meal and rest break rules. Court rulings have raised the stakes for financial penalties.

Missed Meal Break

If you don’t give employees their required meal break on a workday, you owe them an extra hour of pay at their regular rate. This extra hour is considered a wage owed to the employee, and they have up to three years to claim unpaid wages.

Missed Rest Break

If you skip or interrupt a rest break, you owe the employee an hour of pay at their regular rate, which you should include in their next paycheck.

Missed Meal and Rest Breaks

There’s been a lot of talk about how much extra pay employers owe an employee who misses a meal break and a rest break in one day: Is it one hour of pay, or two hours since there were two violations?

In the case of United Parcel Service v. The Superior Court of Los Angeles County, a California Court of Appeals decided that employees should get two hours of pay. There are two different remedies because the premium wage rule comes from two sections of the Wage Orders.

Employers must pay meal and rest break premiums at the employee’s regular pay rate, which is also used for overtime. This regular rate could be higher than the employee’s hourly pay and should include all weekly earnings, like base wages, commissions, and bonuses.

Challenges in Different Industries

Even though meal and rest break laws apply to all non-exempt workers, some industries make it tough for employees to stick to federal and state break rules.

Healthcare

Healthcare workers under IWC Orders 4 & 5 might have exceptions about going off-site during work hours. Because of the demands of patient care, it can be hard for these employees to take a full 30-minute break, which often leads to missed or shortened breaks.

Trucking and Transportation

Commercial rivers have to follow both federal and state break regulations. With hours-of-service rules, delivery schedules, and the need to stay on call, it can be tough for them to take proper meal breaks.

Certain industries and jobs with collective bargaining agreements that take precedence over California’s meal break law include:

  • Construction
  • Motion picture and the film industry
  • Security officers
  • Electrical or gas companies

Field Workers

Field workers like sales representatives, agricultural staff, or construction crews often encounter logistical issues during meal breaks. Working in remote locations without proper break areas, plus the job’s demands, can make it really hard for them to take their required breaks.

Lactation Breaks for New Mothers

Employers must give breaks for new moms to pump breast milk. If they can, these breaks should line up with regular rest breaks. 

If the lactation break doesn’t match other breaks, the employer doesn’t have to pay during that time. 

Employers should offer private spaces for moms to breastfeed, close to their work area, but not in a bathroom.  They also don’t have to provide lactation breaks if it disrupts their business too much, but that’s a tough case to make. Eventually, lactation breaks will be necessary. 

If an employer skips scheduling lactation breaks, they could face a $100 fine for each violation. 

How Do Employers Violate Meal and Rest Breaks in California?

Employers can break your rights to a lunch break in California in several ways. That includes refusing to let you take a break or making you work through it. No matter the reason, skipping your lunch break is illegal. Here are some common violations of California’s meal break laws: 

  • Not giving you a meal or rest break 
  • Making you work during your meal or rest break 
  • Interrupting your meal or rest break 
  • Not providing a second meal break

Every workplace is unique, so there are some exceptions to this rule. If your job keeps you busy, your employer might require you to take an “on-duty” meal break. But you still need to eat while working and should get paid for that time.

Here’s What You Should Do If You Think Your Employer Violates Your Rest or Meal Breaks

First, check your employer’s rest and meal break policy in California. Just because your employer has regulations doesn’t mean they follow California’s laws. For instance, they might break meal break regulations by setting up lunches after shifts longer than five hours.

Find the documents related to your employer’s rules.

Review their policies on meal and rest breaks and compare them with state laws to see if any violations are happening.

Next, gather every piece of evidence you can. Once you get this information, an attorney can assist you in figuring out if your employer has infringed on California’s rest and meal break laws. Then, report the infringements to your employer. This report is often called a meal or rest break infringement write-up. Make sure to include the dates and times when the violations happened.

Many employers will fix break-related issues because there could be a simple misunderstanding.

If nothing changes, you can get in touch with an employment lawyer. A lawyer who knows employment law can really help out. Look for an attorney who handles rest and meal break violation cases in California. If you are concerned about California’s meal break laws for five or 12-hour shifts, the right attorney can advise you.

Also, having a skilled law firm on your side could help you get the compensation you deserve for missed rest and meal breaks.

Proving Meal and Rest Breaks Violations

To prove meal and rest break violations in California is straightforward. You either weren’t allowed a meal or rest break, or your employer made you work through it.

However, you need proof to show you were denied a meal or rest break. While meal breaks are required, you must also be compensated for them, so there might be a delay between getting a break and getting paid.

Here are some steps to help prove your employer messed up your meal break rights:

Keep Detailed Records

Track your work hours, including when you clock in and out, when you take meal breaks, and any times you work during those breaks. Also, save your pay stubs. This info can back up your claim.

Collect Witness Accounts

If your boss refuses to allow you meal breaks, discuss with your colleagues if they’ve encountered similar problems. Their statements can strengthen your argument.

Examine Company Guidelines

Review your employer’s policies regarding meal breaks. If the policy doesn’t follow California labor laws, it can help your claim.

The Procedure for Filing Claims Regarding Meal and Rest Break Violations in California

Collaborating with an attorney can assist you in dealing with the claims procedure for lunch break violations. Typically, this procedure resembles other labor code infringements and often encompasses:

Submitting a Complaint to the Labor Commissioner’s Office

The initial action typically involves submitting a complaint to the California Labor Commissioner’s Office, which upholds labor regulations in the state. This complaint can be submitted online, via mail, or in person. The office will review your claim to determine if your employer violated California lunch break regulations.

Submitting a Civil Suit

If the Labor Commissioner’s Office determines that your employer breached labor laws, it may require your employer to compensate you for lost wages and fines. An alternative is to sue your employer. A civil lawsuit can assist you in obtaining many of the same compensations as the Labor Commissioner’s Office, but a judge will adjudicate it, and potentially a jury. Typically, you may receive compensation for lost or unpaid wages and any expenses linked to emotional distress.

Remember, every case is different, and there’s no guarantee of a favorable outcome.

Find a California Labor and Employment Attorney Near Me

Meal and rest break laws can be tricky. So, employees need to make sure they know their rights. Most exempt employees don’t get meals and rest breaks like non-exempt employees. Because of this, your employer might misclassify you as exempt to avoid giving you those breaks.

You could be eligible for compensation if you think your employer has wrongfully denied you a break. Our experienced employment law attorneys at Stop Unpaid Wages can review your case, help you figure out what to do next, and represent you in court. To set up a free consultation, just call us at 424-781-8411.