MEAL PERIODS
The relevant California Wage Orders mandate that an employer is required to provide:
(1) A first 30-minute unpaid meal period beginning within five (5) hours from the start of the work shift; and
(2) A second 30-minute unpaid meal period if more than 10 hours is worked in a day.
See IWC Wage Order 11090; Cal. Lab. Code § 512(a); see also Brinker Restaurant Corp. v. Superior Court, 53 Cal.4th 1049 (2012).
In Brinker, the California Supreme Court interpreted the meal period provisions of Cal. Lab. Code section 512(a) and Cal. Wage Order 5-2001 section 11, holding that in order to “provide” a meal period, employers must relieve employees of all duty. During that time, employees must be “free to come and go as they please.” If an employer has relieved an employee of all duty, and if work does continue, the employer, although not liable for meal period premium pay, must pay for the time worked.
In Addition, the Employer Must:
- Relinquish control over their activities,
- Permit them a reasonable opportunity to take an uninterrupted 30-minute meal period; and
- Not impede or discourage an employee from doing so.
It is not enough just to make the meal period “available”. Even if an employer has a formal policy of providing meal periods, it will be a violation if the employer creates incentives to forego, or otherwise encourage skipping of, meal periods. Id.
If an employer fails to relieve an employee of all duty during the employee’s thirty-minute meal period, then the meal period will be considered tan “on-duty” meal period. An “on-duty”” meal period is counted as hours worked, and must be compensated.
If an employer fails to provide a meal period in accordance with the relevant IWC Wage Orders, then the employer is required to pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each workday that the meal period is not provided. Cal. Wage Order 4-2001, § 11(B); see Cal. Lab. Code § 226.7; see also, Murphy v. Kenneth Cole Productions, Inc., 40 Cal.4th 1094 (2007) [The California Supreme Court held that employees are entitled to an additional one hour of wages for every day that their employer failed to provide a compliant meal break or rest period to employees.] This premium pay is a “wage” under Cal. Lab. Code section 200.
Lastly, in all places where employees are required to eat on the premises, a suitable place for that purpose must be designated.
This requirement does not, however, apply to employees who work in the construction, drilling, logging, and mining industries. However, employers in the construction, drilling, logging, and mining industries must provide employees with an adequate supply of potable water, soap, or other suitable cleansing agent, and single use towels for hand washing.
For assistance, or more information regarding meal periods and premium pay, contact the employment attorneys at San Diego Biz Law, APC.
The material in this article, provided by San Diego Biz Law, APC, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute, legal advice or promise similar outcomes.
MEAL PERIODS
The relevant California Wage Orders mandate that an employer is required to provide:
(1) A first 30-minute unpaid meal period beginning within five (5) hours from the start of the work shift; and
(2) A second 30-minute unpaid meal period if more than 10 hours is worked in a day.
See IWC Wage Order 11090; Cal. Lab. Code § 512(a); see also Brinker Restaurant Corp. v. Superior Court, 53 Cal.4th 1049 (2012).
In Brinker, the California Supreme Court interpreted the meal period provisions of Cal. Lab. Code section 512(a) and Cal. Wage Order 5-2001 section 11, holding that in order to “provide” a meal period, employers must relieve employees of all duty. During that time, employees must be “free to come and go as they please.” If an employer has relieved an employee of all duty, and if work does continue, the employer, although not liable for meal period premium pay, must pay for the time worked.
In Addition, the Employer Must:
- Relinquish control over their activities,
- Permit them a reasonable opportunity to take an uninterrupted 30-minute meal period; and
- Not impede or discourage an employee from doing so.
It is not enough just to make the meal period “available”. Even if an employer has a formal policy of providing meal periods, it will be a violation if the employer creates incentives to forego, or otherwise encourage skipping of, meal periods. Id.
If an employer fails to relieve an employee of all duty during the employee’s thirty-minute meal period, then the meal period will be considered tan “on-duty” meal period. An “on-duty”” meal period is counted as hours worked, and must be compensated.
If an employer fails to provide a meal period in accordance with the relevant IWC Wage Orders, then the employer is required to pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each workday that the meal period is not provided. Cal. Wage Order 4-2001, § 11(B); see Cal. Lab. Code § 226.7; see also, Murphy v. Kenneth Cole Productions, Inc., 40 Cal.4th 1094 (2007) [The California Supreme Court held that employees are entitled to an additional one hour of wages for every day that their employer failed to provide a compliant meal break or rest period to employees.] This premium pay is a “wage” under Cal. Lab. Code section 200.
Lastly, in all places where employees are required to eat on the premises, a suitable place for that purpose must be designated.
This requirement does not, however, apply to employees who work in the construction, drilling, logging, and mining industries. However, employers in the construction, drilling, logging, and mining industries must provide employees with an adequate supply of potable water, soap, or other suitable cleansing agent, and single use towels for hand washing.
For assistance, or more information regarding meal periods and premium pay, contact the employment attorneys at San Diego Biz Law, APC.
The material in this article, provided by San Diego Biz Law, APC, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute, legal advice or promise similar outcomes.