California Meal Break Update

California meal break laws are among the nation’s most complex and demanding. Although several recent changes provide more flexibility, employees are still entitled to meal breaks that are at least 30 minutes long. Under a variety of regulations issued by the Industrial Welfare Commission, employers must give meal breaks to nearly every non-exempt employee, both hourly workers and salaried employees.

California Meal Break Basics

The CA meal break law requires that an employee working a shift of 5 to 10 hours be given a meal break before the beginning of the 6^th hour of work. In other words, an employee who begins work at 8 am must have the opportunity to take a meal break by 1 pm. Under the regulations, an employee may waive a meal break by mutual consent, but only if the total shift is 6 hours or less. An employer cannot pressure an employee to skip the meal break – it must genuinely be the employee’s choice.

An employee who works more than 10 hours is entitled to a second meal break, of 30 minutes or more. That break must begin before the 11^th hour of work. If the total shift is 12 hours or less, the meal break can be waived by mutual agreement – but only if the employee took the earlier meal break.

Meal breaks must be paid unless the employee is allowed to leave the premises. Different rules apply in the motion picture industry, although those employees are still entitled to meal breaks. In rare cases, usually when there is only one employee on a shift in a convenience store or as a security guard, the law allows employers and employees to mutually agree to an on-duty meal period.

Update to California Meal Break Law

Now for the part that allows more flexibility for employees and employers. The California Supreme Court has ruled that while employers must make meal breaks (and rest breaks) available, they are not required to police employees to ensure that the meal breaks are being taken. The employer is responsible for scheduling and staffing in a way that permits an employee to be completely relieved of all duties for a meal period.

However, if the employee chooses to keep working, the employer has not violated the law. It’s important to note that the employer cannot do anything to impede or discourage the employee from taking a meal break…but nor do they have to force the employee to stop working. So the employer must “provide” and “permit” a meal break, but employees have the right to keep working. Of course, because the employee is working, he or she must be paid for that time. In addition, the court ruled that it will count toward overtime.

The landmark 2012 case that established this policy was Brinker Restaurant Corp. v. Superior Court. It involved a class action suit by employees of Chili’s Grill & Bar and Romano’s Macaroni Grill restaurants, then owned by the parent company Brinker International.

That same case supported Brinker’s policy of giving employees a meal break very early in the shift – even at the beginning of a shift – and then requiring employees to work 5 to 9 hours without an additional meal break. This was a surprise to many Californians, since previously the understanding was that employees are entitled to a meal break every 5 hours. Instead, now an employer could give a meal break after one hour of work, and a second meal break after 9.75 hours of work, and be in compliance with the state law.

Penalties & Enforcement of California Meal Break Law

Compliance is important for California employers since unlike employment laws in some states, this one carries stiff penalties. An employer who does not schedule and staff in a way that “provides” and “permits” an employee to take an uninterrupted, off-duty meal break on a shift, owes the employee an extra hour’s pay. If an employee works 8 hours with no meal break, the employer owes wages for 9 hours (at the employee’s usual hourly rate.) Employees who are deprived of breaks, and not being paid the break penalty, can file a wage claim with the California Division of Labor Standards Enforcement.