![]() BUT, they can agree with their employer to waive this meal period provided the employee does not work more than 6 hours in the workday. If an employee works over 5 hours a day, they are entitled to a meal break of at least 30-minutes that must start before the end of the fifth hour of your shift. The penalty for violating either of these rules is one hour’s wage for every day an employee doesn’t receive a rest break and an additional hour’s wage for every day an employee doesn’t receive a meal break.Ī number of exemptions exist, so be sure to check the state’s Department of Industrial Relations website and with your legal counsel to make sure everything is up to date. The employee can leave the worksite to eat but must be relieved of all work duties during that time. Unlike the rest breaks, these meal breaks are unpaid. In addition, employees must receive an uninterrupted and duty-free 30-minute meal break for every five hours worked in a day. The ten minutes can be used for anything the employee wishes, including grabbing a bite to eat, running an errand, or using the restroom. These breaks must be paid by the employer and land preferably somewhere in the middle of the four-hour stretch. Employees who work a normal eight-hour shift would be entitled to two (2) ten-minute rest breaks during the day. If you are an employee with wage & hour or other employee rights concerns in Orange, Riverside, San Bernardino, Los Angeles, or San Diego counties, or a California employer dealing with employee rights allegations, employee contract disputes, or other employment law issues, contact a seasoned and professional California employment law attorney at Coast Employment Law at 71 for a free consultation.California state law now mandates that employees receive one (1) ten-minute rest break every four hours they work. California employers cannot legally fire an employee for engaging in lawful activities outside of the workday. ![]() Employers cannot, however, fire workers for legally smoking cigarettes in designated areas or outside the workplace. Note that employers are well within their rights to prohibit smoking within the building. If an employer refuses to let an employee take smoke breaks, the employee does not have a wage and hour claim. Outside of guaranteed rest breaks, however, employers are not required to accommodate an employee’s smoking habit. While on break, your employer cannot stop you from going outside to smoke, outside of certain limited exceptions where employers can require employees to stay on active duty during a rest break. ![]() While California employees are guaranteed rest breaks and meal breaks as discussed above, no California law provides for additional breaks for smokers. If an employee needs a break to smoke during the workday, they can utilize their allotted rest break or meal break to do so. They can choose to stay at their desks, they can leave the building to get coffee or food, or they can walk outside to have a cigarette. Employers can require employees to stay “on-call” or “on-duty” during meal or rest breaks under limited circumstances, such as jobs where the nature of the job prevents an employee from being relieved of all duties during break ( e.g., a lone late-night security guard).ĭuring these breaks, employees can do whatever they choose. An employee can voluntarily stick around to work, but, outside of limited exceptions, it must be their choice. If they worked from 7:00 am to 5:00 pm, they would be entitled to a second 10-minute rest break as well.Įmployers generally cannot require employees to work during these breaks. Employees can waive their right to the meal break if they will work no more than six hours in a given workday or waive their second meal break if they will work no more than 12 hours in a given workday.Īn employee who works a standard eight-hour day from 9:00 am to 5:00 pm, for example, would be entitled to one 30-minute lunch as well as one 10-minute rest break. Employees are also guaranteed at least one unpaid 30-minute meal break for every five hours of work. Employees are guaranteed at least one paid 10-minute rest break for every four hours of work. Meal Breaks and Rest BreaksĬalifornia law requires employers to permit non-exempt employees to take meal and rest breaks throughout the workday. ![]() ![]() If you are a California employee with wage and hour concerns or an employer facing labor law allegations, call an Orange County labor law attorney for advice and representation. Below we discuss the labor law rights of smokers in California. It’s less well-known whether certain employees are guaranteed the right to additional breaks for smoking or other habits. They know that they are guaranteed overtime for working enough hours in a workday or workweek if they are paid by the hour. Savvy California employees know that they are guaranteed certain breaks throughout the day, including rest breaks and meal breaks. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |