![]() Simillarly, if the employer failed to provide two rest braks in one day, you can still only recover one hour of pay. You can recover hours of pay for up to three years worth of violations (if they had been occuring for that long).įor example, if an employer fails to provide you both meals breaks in one day, you can only recover one hour of pay for that day. You are only allowed to recover for one meal violation per day and one rest violation per day. If an employer fails to provide a meal or rest break, they are subject to owe you an hour of pay (at the your reguar rate of pay) for each day a violation occurs. + What are the consequences of failing to provide me a meal or rest break? Your manager does not have to ensure that you take it. Ultimately, it is your responsibility to take the rest break once your manager has given you the opportunity to do so. ![]() + Who is responsible for making sure a meal or rest break is taken? Me or my employer? For example, you may not use your breaks to come to work 30 minutes late or leave 30 minutes early. ![]() + Can I use my meal or rest breaks at the beginning or end of their shift? No, employees may not combine meal and rest breaks under any circumstances. Rest breaks are always treated as time worked and you must be paid as such. + How often must my rest breaks be given?Ī 10 minute rest break must be given for every work period that exceeds 4 hours (and the employees total work period is at least 3.5 hours) + When are my rest breaks unpaid? However, you can waive your second meal break only if:ġ) You did not waive the first meal breakĢ) There is mutual consent between the you and your employerģ) Your total workday is less than 12 hours + What is an "on duty" meal break?ġ) The nature of your work does not allow you to be relieved of all work obligationsĢ) Is agreed to in writing by the you and your employer.Īll “on-duty” meals breaks must be paid and you can revoke them at any time. + On workdays exceeding 10 hours, can I waive both meal breaks? You can waive your meal break when your total workday amounts to no more than 6 hours. + When are my meals breaks unpaid?Ģ) Your are relieved of all work obligationsģ) You may leave the premises to take the meal break + When can I waive my meal break? A second meal break (also lasting at least 30 minutes) must be granted on workdays that exceed 10 hours. You must be given a 30 minute meal break for every work period that exceeds five hours. + How often must my meal breaks be given? Meal and rest breaks apply to non-exempt employees. Some on unresolved issues include whether these provisions include: part time basis as opposed to a full time basis a non-California-based employer as opposed to a California-based employer and whether meal and rest breaks also apply to non-residents as it relates to these provisions. (2) Who perform work in California on a full-time basis + Does overtime apply to non-residents?Īs it stands, in addition to protecting CA residents, CA overtime laws apply to: A non-exempt employee gets paid double time for every hour past 12 in any workday, and every hour past 8 on a seventh consecutive workday. “Double time” only applies to California law and it refers to when a non-exempt employee is getting paid an overtime rate of twice their regular rate of pay. Under the California labor code, in contrast, employers must pay employees overtime not only when they work more than 40 hours in a week, but also 8 hours in a day or 7 straight days in the same workweek. Under federal overtime laws, also known as the Fair Labor Standards Act (FLSA), employers are only required to pay employees overtime for working more than 40 hour workweek. + What is the difference between Federal & State overtime pay laws? If the company defines its workday for the purpose of cheating employees out of overtime, the clock cannot reset and this is a violation of the California Labor Code. ![]() The key question, however, is how the company defines a workday. + Does the overtime clock reset at midnight?Īlthough it does not make too much sense, the rule is that the clock can reset at midnight and employers do not need to pay employees overtime for continuing to work. Under California law, but not under the Fair Labor Standards Act, employees are also entitled to overtime pay when they work more than 8 hours in a single day or 7 days in a row in the same workweek. All non-exempt, hourly employees should be paid overtime for working more than 40 hours in a single week under both California law and federal overtime laws.
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