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Employment - Missed Meal/Rest Periods

CALIFORNIA LAW PROVIDES EMPLOYEES MEAL AND REST PERIODS

"For the better part of a century, California law has guaranteed to employees wage and hour protection, including meal and rest periods intended to ameliorate the consequences of long hours."  (Brinker Restaurant Corp. v. Sup. Ct. (2012)  S166350.)  Meal and rest period requirements "have long been viewed as part of the remedial worker protection framework."  (Murphy v. Kenneth Cole Productions, Inc. (2007) 40 Cal.4th 1094, 1105.)

Generally speaking, employees are entitled to:

• a 30-minute meal period for every five hours worked;
• 10 minutes rest period for shifts from 3.5-6 hours in length;
• 20 minutes rest period for shifts of 6-10 hours in length; and
• 30 minutes rest period for shifts of 10-14 hours in length.

An employer must relieve the employee of all duty for the designated meal period, but need not ensure that the employee does no work - i.e., the employer need not "police" the meal period.  Moreover, an employee must be free to come and go as they please during the meal period - i.e., be free to leave the job site.  If an employee is not free to leave the work place, the meal period is on duty time subject to the control. of the employer and constitutes hours worked.  (Bono Enterprises v. Labor Commissioner (1995) 32 Cal.App.4th 968).

REMEDIES FOR MISSED MEAL AND REST PERIODS

An employee who is deprived of missed meal and rest periods may be awarded:

• Premium pay equal to one additional hour of pay for each day a meal period is not provided;
• Premium pay equal to one additional hour of pay for each day a rest period is not provided; and
• Reasonable attorney fees and costs of litigation.

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