As a HR consultant, everyone would agree you must be mindful of the California Law for rest and meal breaks. These rules are laid out in California Labor Code Section 512. Not only must there be compliance, but there are severe penalties: for every rest or meal break that is not taken or allowed by an employer, there is a penalty of one hour of the employee’s regular rate of pay. So the HR consulting industry must be ever vigilant in this regard.
Here is an example of the wording HR can insert in employee handbooks on the subject of meal and rest breaks:
Employees who work 4 hours or more may take a paid 10-minute rest break for every 4 hours worked, with the rest period being in the middle of each 4-hour work period, as far as practicable. Employees may leave the premises during their paid 10-minute break, but are expected to return timely.
Employees who work more than 5 hours must take a minimum 30-minute unpaid meal break, during which he or she shall be relieved of all work-related duties. Meal breaks must be taken before the end of the 5th hour of work. The end of the 5th hour is defined as 5 hours and 59 minutes. Employees must clock out at the beginning of their meal break, and clock back in at the conclusion of their meal break.
If the total work period per day for an employee is no more than 6 hours, the employee may mutually agree with Company to waive their right to a non-paid meal period and may continue to work throughout their shift.
For employees who work more than 10 hours, a second uninterrupted 30-minute meal break must be provided no later than the end of the 9th hour (meaning by 9 hours and 59 minutes). However, if the total work period per day is more than 10 hours per day but less than 12 hours, a second meal period may be waived through mutual agreement between the employee and Company (assuming the first meal period has not been waived).
All waivers must be in writing and can be revoked at any time by the employee. All non-exempt employees must accurately account for their mandatory lunch breaks by recording their time taken.
These meal and rest break provisions are mandatory. Under no circumstances may an employee decide not to take them, as these breaks are mandated by California law. An employee need not consume a meal during the meal break and can instead decide to simply take a rest for other purposes. But employees who take breaks at their desk or workstation, should not be conducting any work activities.
Failure to take required rest or meal breaks may result in disciplinary action, up to and including termination.
Your HR Department to keep these rules in mind at all times.
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