California law requires periodic paid rest periods and meal breaks for non-exempt workers.
California Industrial Welfare Commission Wage Order 11090 provides:
- 10 minutes of paid rest time for every 4 hours worked (or major fraction worked)
- A first 30 minute unpaid meal period beginning within 5 hours from the start of the work shift.
- A second 30 minute unpaid meal period if more than 10 hours is worked in a day. The second meal period can be waived for work days of 10-12 hours if the consent of the employee is given in writing.
Rest periods are defined as a "net” 10 minutes, which means that the rest period does not begin until the worker has reached an area away from the work area that is appropriate for rest. Employers are required to provide suitable resting facilities that are separate and apart from toilet areas.
If an employer fails to provide an employee a required rest period or meal break, the employer can be made to pay the employee one hour of pay at the employee’s regular rate of pay for each workday that the rest period or meal break is not provided.
The California Supreme Court’s decision in Murphy v. Kenneth Cole Productions, Inc., 40 Cal. 4th 1094 (2007), held that employees were entitled to an additional one hour of wages every day that their employer failed to provide a meal or any rest period to employees. Because the one hour payment was determined to be a wage rather than a penalty, a claim for restitution of wages can be made under California Business and Professions Code § 17200 et seq. This may permit recovery of unpaid wages for a longer period of time — 4 years — than would otherwise be permitted.
The Code of Federal Regulations clearly states that rest periods "must be counted as hours worked.” This means that rest period time must be counted toward calculating the total hours worked, including for overtime purposes. Since employees are paid for these rest periods, employers can require that the workers remain on the work premises during the break.
Generally, the employee must be relieved of all work duties during the 30-minute meal period. Otherwise, the employee will be considered to be "on duty” while eating, and the time should be counted as time worked and paid for by the employer. Examples of "on duty” meals include an office worker who is required to be at his desk or a factory worker who is required to be at her machine while eating. These workers are entitled to be paid for the meal break.
Kershaw, Cutter & Ratinoff attorneys served as co-lead counsel on behalf of 23,600 United Parcel Service (UPS) drivers to recover unpaid wages based on allegations that the employer failed to provide meal and rest periods. The cases settled in 2006 for an $87 million cash payment and other benefits to class members valued at more than $4 million.
This is believed to be the largest "meal and rest period” settlement in California history, and was one of the largest nationwide wage and hour settlements of 2006.
If you believe you have been the victim of your employer’s illegal failure to pay overtime, provide meal and rest breaks, pay minimum wages, pay wages when owed, or pay other required benefits, fill out and submit the contact form on this page for a free and confidential case evaluation or call us toll-free at (888) 285-3333 to speak with an experienced wage & hour attorney.