In the Golden State, meal and rest breaks are fundamental rights for employees, protected by some of the nation’s most stringent employment laws. Yet, these rights can become complicated for employees whose duties require them to remain on alert or to stay connected via walkie-talkies, handsets or cell phones.
Occupations like security guards, hotel staff, and service industry workers often fall into this category. The employers of these workers may require them to remain reachable even during their legally mandated breaks. This raises critical questions about fairness and compliance in the workplace. Understanding the specific legal protections for the different types of workers is vital to help ensure their rights are respected while balancing their employers’ operational needs.
Legal standards for meal and rest breaks
Employees should know that the Golden State’s employment laws are among the most employee-friendly in the country. Under the California Labor Code and Industrial Welfare Commission (IWC) Wage Orders, there are:
- Meal breaks: workers are entitled to receive at least one 30-minute unpaid breaks before the commencement of their sixth consecutive hour of work, if they work over 5 hours but less than 10. They are entitled to a second 30-minute unpaid break if they work over 10 hours in the same workday. The workers must be relieved of all duties for the entirety of the 30 minutes, and should not be required to respond to calls, texts or listen to walkie talkies.
- Rest breaks: California workers should also expect to be granted a paid 10-minute rest break after every 3 1/2 to four hours of work. These rest breaks should be uninterrupted and free from work-related duties, such as attending to work-related communications.
If an employee is not relieved of all duties during their meal or rest break, the law considers the break to have not been provided. In such cases, the employee is entitled to a meal or rest break premium, in addition to any compensation for the work done while they were off-the-clock.
Workers who believe that their rights to meal and rest breaks have been violated do not have to suffer in silence.
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