Meal breaks violations can cost employers
"If you don't have a lunch, the employer owes a bunch," is the slogan at the law offices of Michael Tracy. Violating meal break provisions can be an expensive mistake for employers, especially those who operate businesses in California, which enforces strict state labor laws.
California employers must provide a 30-minutes meal break for any employee who works more than five hours, unless the shift is only six hours long. Employees who are working six-hour shifts may waive their right to a meal break when they consent with the employer.
The state might consider meal periods "on duty" and subject to compensation if the employee is not relieved of all job duties during the the 30-minute break. "On duty" meal breaks are not easy to navigate with the state's labor laws. In fact, they are only allowed when an employee's job duties prevent him or her from taking an off-duty break and both the worked and employer agree to and sign a written waiver.
There are very few circumstances that do not require off-duty meal breaks, according to the Law Offices of Michael Tracy. Patrol guards at remote locations might qualify because they cannot abandon their duties for a 30-minute break. Employees running a store alone, however, would not be eligible for on-the-clock breaks because they could close the store for 30-minutes during meal time.
If employers are found in violation of these laws, they could owe workers for unpaid meal time as well as overtime wages if the extra pay puts employee attendance beyond work hours.
California employers must provide a 30-minutes meal break for any employee who works more than five hours, unless the shift is only six hours long. Employees who are working six-hour shifts may waive their right to a meal break when they consent with the employer.
The state might consider meal periods "on duty" and subject to compensation if the employee is not relieved of all job duties during the the 30-minute break. "On duty" meal breaks are not easy to navigate with the state's labor laws. In fact, they are only allowed when an employee's job duties prevent him or her from taking an off-duty break and both the worked and employer agree to and sign a written waiver.
There are very few circumstances that do not require off-duty meal breaks, according to the Law Offices of Michael Tracy. Patrol guards at remote locations might qualify because they cannot abandon their duties for a 30-minute break. Employees running a store alone, however, would not be eligible for on-the-clock breaks because they could close the store for 30-minutes during meal time.
If employers are found in violation of these laws, they could owe workers for unpaid meal time as well as overtime wages if the extra pay puts employee attendance beyond work hours.
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