Rest and Meal Periods

Sometimes when an employee cries out "Gimme a break!" he really does deserve it.

The key statutes are:

- Labor Code Section 512: You get a MINIMUM of 30 minutes as a meal break. This right can't be waived unless you work less than 6 hours in the day, and only then if both you and the employer agree.
- Two 10 minute breaks, one in first half of day, second in second half of day, each roughly after 2 hours of work.
- Rest periods can't be denied or waived. Period. See Labor C. Sec. 226.7
- Penalty: for each failure to provide a rest period or a meal period, the employer owes the employee directly as compensation "one additional hour" of pay. Labor Code Sec. 226.7
Actions you can take:
- Demand your pay, and cite Section 226.7. Put your demand in writing.
- Remind the Employer that if you're fired, demoted, transferred, or any of a sundry number of retaliations, you can and will sue;
- Think big: The CA Labor Code Private Attorney General Act of 2004 enables individual employees to bring class actions for recovery of amounts otherwise collected by the State of California as penalties for violations of the Labor Code, including the rest and meal period provisions. This class action can add up to a lot of money. So, quietly collect evidence from other employees regarding the scope of the violations.
Two Twists and a Turn
- Under the Private Attorney General Act, employees collect only 25% of the penalties. The rest goes to the State.
- The Commissioner recently gave the employer a break (& more than 10 min.). The employer is not automatically liable if employees don't take their breaks. The employer must show it informed employees of their right to take breaks, and acted reasonably to assure the breaks were taken. The employer does not have to constantly police employees who chose not to take their breaks.
- A Turn for the Better: The Private Attorney General Act allows the class to collect its attorneys fees from the employer.

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Disclaimer: This site is not legal advice. View it as a general resource and public service.

The Employment Law Office of Frank Pray handles cases related to most areas of employment law. My law firm is dedicated to helping employees dealing with issues of workplace discrimination (including gender discrimination, race discrimination, age discrimination and discrimination based on religion, national origin, sexual orientation, disability, pregnancy or illness); harassment due to hostile work environment (whether sexual, verbal, or other); contract disputes; wage and hour violations (such as overtime or break violations); whistleblower retaliation, qui tam and false claims act cases; and severance agreements and negotiations. My legal services and advice are available to any employee involved in illegal or wrongful termination, assault, battery, defamation, slander, or violation of privacy; or with job concerns regarding medical leave, Occupational Safety & Health Act (OSHA), affirmative action, gay & lesbian rights, Fair Employment and Housing Act (FEHA), labor code violations, Americans with Disabilities Act (ADA), California Family Rights Act, the federal Family Medical Leave Act, Employee Retirement Income Security Act (ERISA), Worker Adjustment and Retraining Notification (WARN) Act, or the Federal Employer's Liability Act. I can be contacted by anyone seeking an attorney for information about employee civil rights, or opportunities for monetary settlement, damages, or personal injury claims. "Employee Rights" is my exclusive focus, and has been for over 15 years.

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