Target Focus: California Meal Break Claims, Wage-and-Hour Disputes & Labor Code § 512
California wage-and-hour law provides important protections concerning meal periods for many nonexempt employees. Employers must comply with applicable California law, including the requirements governing meal periods and premium pay when legally required breaks are not provided.
For employees who regularly work long shifts, missed or interrupted meal periods can become a significant workplace issue.
When Is a Meal Period Generally Required?
California Labor Code § 512 generally requires employers to provide a 30-minute meal period for qualifying nonexempt employees who work more than five hours in a workday, subject to applicable exceptions and waiver rules.
A second meal period generally becomes relevant when an employee works more than 10 hours, again subject to applicable exceptions.
The exact requirements can depend on the employee’s industry, classification, work schedule, and applicable wage order.
Employees Must Generally Be Relieved of Work
A compliant meal period generally requires the employee to be relieved of job duties.
Problems may arise when an employer:
- Requires an employee to answer work calls;
- Requires work-related communications;
- Requires the employee to remain responsible for ongoing operations;
- Automatically deducts meal periods that were not actually taken; or
- Pressures employees to work through scheduled meal periods.
The specific facts determine whether a violation occurred.
Premium Pay
California Labor Code § 226.7 generally provides for an additional hour of pay at the employee’s regular rate when an employer fails to provide a required meal or rest period in accordance with applicable law.
The calculation and availability of premium pay can depend on the circumstances and applicable legal requirements.
What Evidence Should Employees Preserve?
Employees considering a wage claim should preserve:
- Time records;
- Paystubs;
- Schedules;
- Timekeeping records;
- Text messages;
- Emails;
- Written workplace policies;
- Meal-period records; and
- Communications concerning missed breaks.
Employees should not alter or destroy records.
Legal Deadlines Matter
Wage claims can be subject to specific statutes of limitation and administrative requirements. The deadline depends on the nature of the claim.
Waiting too long can affect legal rights.
Leeran S. Barzilai, A Professional Law Corporation handles California civil litigation and employment matters.
If you regularly missed legally required meal periods, were required to work during breaks, or believe you were not paid required premium compensation, contact our office to discuss your situation.
Phone: (619) 436-7544
Email: receptionist@lbatlaw.com
Website: https://lbatlaw.com/