What You Should Know About Rest and Meal Breaks as Employee Rights in California

You probably work for a company that allows you to take time off to go for your lunch or rest before resuming work. Interestingly, some businesses pay their employees for this rest, but that is not the focus of this article. There is no clear reason why businesses give breaks, as the law that guides the working relationship between employees and employers, called the Fair Labor Standards Act (FLSA), does not explicitly require employers to provide rest breaks or meals.

However, many states have looked into this loophole, and others have not, which means it is common to consider a state’s laws concerning rest and breaks before selecting jobs. “If you are not getting enough break time in California and other states, then you should do something about it because the law gives this caveat, and you should look to maximize this opportunity as much as possible,” says attorney Rusty Levin.

Here is what you need to know.

Concerning breaks, employers are not under compulsion or law to pay you for the period of your break. However, this is null unless:

• The law of the state where you work dictates that breaks should be paid for
• You work while you are on break, and
• The company’s break policy is twenty minutes or less, as breaks of this nature are seen as a part of the work time and must be paid for

Some Laws on Meal Break Times in California and Other States

Less than twenty-five states mandate that employers provide their employees with meal breaks, of which California is one. For the states that mandate this, employees who work for over five hours should have at least half an hour to eat and do other things during breaks. These mandated breaks help ensure employee well-being and productivity. In California, failure to provide a meal break may result in a penalty equal to one hour of pay. Some states also require rest breaks in addition to meal periods, depending on the length and nature of the employee’s shift or job responsibilities.

Many states do not permit employers to give break time around the beginning or end of their shifts. The Department of Labor website has a list of the laws regarding meal breaks per state. If you are not working at the time or you are not affiliated with the company in question, you are not entitled to be paid. However, if you work during your break, meaning you are eating while you work, then that time is part of your work time, and you are within your right to request payment for those hours.

State Laws Concerning Rest Breaks

It is uncommon in many states for employers to give employees time for rest breaks between work hours. However, many states require employers to give their employees ten-minute breaks with pay after every four hours.

Some states allow employers to pick between giving their employees rest breaks or meal breaks. Some others require employers to give employees enough restroom time. The Department of Labor website has a list of the laws regarding rest breaks per state.

What Are Breaks for Salaried Workers?

Rest and meal breaks are for “non-exempt” employees, which refers to employees who earn by the hour or less than 684 dollars every week, or 35,568 dollars per annum. To be clear, employees who do not receive a salary and earn far above the limit specified in the previous paragraph are not entitled to meal or rest breaks under federal or state law.

Conclusion

Your state labor department should be your first point of call for matters like this, and if it graduates to an extreme case, then you should hire a good employment attorney who will help you get all the breaks you need. Everyone needs a break now and then, and you should not be an exception.

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