A common question from employers involves meal and rest breaks for employees. California sets its own strict rules when it comes to meal and rest breaks. However, it is up to employers to inform employees that they are entitled to both a meal break and paid rest breaks. Timing is everything because California employers must let employees take their meal break at the proper time.
“It is important for employers to remember that meal breaks have nothing to do with eating lunch. They are about providing employees 30 minutes of off-the-clock, duty-free time within 4 hours and 59 minutes from the start of their shift,” says Erika Frank, CalChamber executive vice president, legal affairs.
“Misunderstandings about California’s meal and rest break rules may expose employers to liability.”
It is imperative that business owners understand the law in order to prevent violations and stay in compliance with the law. If you, as an employer, have any questions or are confused about when and how to offer employees meal and rest breaks please check with your trusted advisor. This includes understanding:
- Employer obligations for meal and rest breaks;
- No on-call rest breaks;
- Premium pay for meal and/or rest break violations;
- Timekeeping and recordkeeping guidelines; and
- Best practices to avoid compliance trouble.
We have seen many small business owners get into trouble for not understanding the requirements of when and how to offer employees meal and rest breaks, especially when the employee is not being managed on a regular basis. Don’t fall into this trap.
The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.
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