California requires non-exempt employees to receive a 30-minute uninterrupted, off-duty meal period before the end of the fifth hour of work, and a second meal period before the end of the tenth hour. Employees are also entitled to a paid 10-minute rest break for every four hours worked or major fraction thereof.
When an employer fails to provide a compliant meal or rest break, the employee is entitled to one additional hour of pay for each day a break was missed, at the employee’s “regular rate of compensation.” That rate must include non-discretionary bonuses and commissions. This may not seem like a big deal, but losing an hour of extra pay adds up, and this is money that you are entitled to.
Common violations include automatic meal deductions, on-duty meal periods without proper written agreements, late breaks, interrupted breaks, and policies that discourage employees from taking breaks. Premiums can also support waiting time penalties and wage statement penalties.
If you believe you are not getting the breaks you are entitled to, contact us immediately.