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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.

Employee Rights Attorney Frank Pray

5160 Campus Drive

Newport Beach CA 92660

949.251.1006

877.job.atty


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