![]() ![]() If an employee works less than 3.5 hours, they are not obligated a rest break. However, an employer is not required to supervise the break to ensure no work is being done. If your company authorizes on duty meal breaks, it is important to consult with your legal counsel to make sure you meet all the criteria required by law.Įmployers must provide a 10-minute rest break in the middle of each four-hour work period, or “major fraction thereof.” Rest breaks are paid breaks in which the employee is relieved of all work-related duties. Recently, a California appeals court ruled that the written agreement must include language stating the employee has the ability to revoke the agreement in writing at any time. On duty meal breaks require a written agreement between the employee and employer. This is uncommon, but is given when, due to the nature of the job, an employee is unable to be completely relieved of all their duties for a break (i.e., security guard stations, single employee coffee kiosks, or 24-hour convenience stores). There are specific situations in which an employee is allowed a paid, “on duty” meal break. An employee may not, however, work through their meal break to leave work 30 minutes early. ![]() An individual working no more than six hours has the ability to waive their meal break, just as an employee working ten hours can waive their second meal break, as long as they don’t work longer than 12 hours. If an employee works a ten-hour shift, they must be allowed a second 30-minute break, beginning before the last hour of work. The basic meal break rule is that a non-exempt employee, working a five-hour shift, must be given a 30-minute, uninterrupted and unmonitored meal break. It is critical that your company follows all meal and rest break mandates, while simultaneously training supervisors and staff on compliance to ensure you don’t unintentionally violate the law. Unfortunately, a seemingly simple error in compliance with labor regulations can lead to significant penalties or, in some cases, expensive lawsuits if an employee decides to take legal action. It’s important to also understand your current wage orders to ensure you are up to standard on your industry-specific workforce employment rules. Do you recall the last time your business updated its policies and procedures on meal and rest breaks? Have you been working off the same guidelines for years? If so, it’s possible you’re out of compliance with the California Labor Code. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |