(But again, I’m nobody.). Code of Regs., tit. California Minimum Wage Effective January 1, 2020 $13.00 per hour for workers at businesses with 26 or more employees. If an employer violates the California Meal Break Law, they must pay an extra hour (of regular pay) for every day a meal break violation occurs. John Smith, a restaurant employee, works a six-and-a-half hour shift. The employer has to “relieve employees of all duty, relinquish control over their activities, permit them a reasonable opportunity to take an uninterrupted 30-minute break (in which they are free to come and go as they please), and must not impede or discourage employees from taking their meal period.”, See this FAQ entry regarding if an employee freely chooses to continue working: https://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm#:~:text=an%20employer%20that%20knows%20or%20has%20reason%20to%20know%20an%20employee%20is%20performing%20work%20during%20the%20meal%20period%20owes%20compensation%20to%20the%20employee%20for%20the%20time%20worked. The employer must pay a civil penalty in the amount of $100.00 for each violation.⁠61. California law permits employees to skip rest periods if they so choose, and there is no penalty to the employer if they do so.⁠24 But employers may not pressure or encourage their employees to skip rest periods.⁠25. Get a free meal, but never given 30 mins of break time. This is really a disruption and just makes my day longer. Code of Regs., tit. No Derivative Works. 2009.06.09 (Opens in new window) (June 9, 2009).↥, Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 1036.↥, Cal. Other examples of industries that might have different rules include: If you fall into one of these groups or you think that your industry might be exempt from California’s meal break or rest period laws, it would probably be a good idea to speak with a California employment attorney about your situation. Is that legal? Under California meal break law (which is much more generous to employees than federal labor law), if you are a non-exempt worker, you are entitled to a 30-minute uninterrupted, duty-free meal break if you work more than 5 hours in a workday. 19 [“If work does continue, the employer will not be liable for premium pay.”].↥, Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 1040 [“The wage orders and governing statute do not countenance an employer’s exerting coercion against the taking of, creating incentives to forgo, or otherwise encouraging the skipping of legally protected breaks.”].↥, Augustus v. ABM Security Services, Inc. (2016) 2 Cal.5th 257, 260.↥, Meal breaks are sometimes referred to as lunch breaks.↥, Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 1040.↥, Bono Enterprises, Inc. v. Bradshaw (1995) 32 Cal.App.4th 968, 971 [“An employee is entitled to compensation for meal periods as ‘hours worked’ unless the employee is relieved of all duty during the meal period.”] disapproved on other grounds by Tidewater Marine Western, Inc. v. Bradshaw (1996) 14 Cal.4th 557; see also Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 1036 [citing Bono Enterprises, Inc. with approval].↥, Dept. I don’t know what to do because I don’t know if I have a case or if they have been stringing me along this whole time just so I can go past the statue of limitations. Eugene D. Lee is licensed to practice law in the States of New York and California only. #6 deals with working during your lunch in order to leave early. 8, §§ 11010⁠–⁠11150, subds. In my prior post I wrote about a few of the new laws (click here to view), but now that the legislative year is closed, I wanted to cover five additional key employment laws that California employers need to understand and be aware of going into 2020: California Meal & Rest Break Laws (2020 Rules) Meal and Rest Break Laws for California Employees Shouse Law Group › Labor Law Attorney › Wage and Hour › Meal and Rest Breaks Under California wage and hour law, non-exempt employees must receive a thirty (30) minute lunch or meal break if they work more than five (5) hours in a day. As long as I can stop work at or before the 5th hour ends I don’t seek a meal penalty hour of pay. EMPLOYEE In accordance with California’s Industrial Welfare Commission order No. Can ones job make you take an one hour and 15 minute lunch so that they can avoid paying you overtime . (Benefit of the doubt they don’t know any better and are just trying to match the scheduled hours with what you’re paid, no matter what you work… but that is why there are laws to protect us! 8, §§ 11010⁠–⁠11150, subd. Oh, I’m now guessing you’re the same Scott. This break is paid and must be “uninterrupted” – meaning the boss can’t ask the employee to do any work during the break. Like would CA laws follow me if I worked in another state? Another example are “inside salespeople” who sell products or services while physically stationed at the employer’s office. C. 512]. Law Office of Eugene Lee 633 W 5th St, Ste 2600 Los Angeles, CA 90071, Law Office of Eugene Lee 879 W 190th St Suite 400 Gardena, CA 90248. If you work over 5 hours in a day, you are entitled to a meal break of at least 30 minutes that must start before the end of the fifth hour of your shift. Senate Bill 142 clarifies employer obligations to provide breaks and safe, private locations that include specified accommodations. Code of Regs., tit. (a) [stating that, with the exception of meal breaks described in Labor Code section 512, “the Industrial Welfare Commission may adopt or amend working condition orders with respect to break periods”].↥, Labor Code, § 512, subd. See also FAQ #5 & #6 https://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm#:~:text=Is%20it%20permissible%20if%20I%20choose%20to%20work%20through%20my%20meal%20period%20so%20that%20I%20can%20leave%20my%20job%2030%20minutes%20early? Force me to take a lunch break right after I started my shift into law in October by.! 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