Meal and Rest Breaks in CA
In CA non-exempt employees have protected breaks. This can be complicated for restaurant managers to remain in compliance with as there are many rules that apply to these breaks. Here is a basic summary of things you, as a restaurant operator, should keep in mind when handling meal and rest breaks.
Meal Periods
Non-exempt employees in the state of CA are entitled to a meal period of no-less than 30 uninterrupted minutes. This has to occur by the end of their fifth hour of work (4.99 hours) and should be close to the middle of their shift. If the employee works more than 5 hours on either end of their shift, they are owed a meal break penalty, which is one hour of compensation at their regular rate of pay.
Why is may be difficult for restaurants to comply:
The middle of a shift is often during dinner rush
Scheduling meal periods can be difficult when short- staffed
Sometimes employees would rather work through their whole shift
A few practical solutions:
One potential solution would be to hire an employee who works as a “breaker” for others. This may not be possible for all operations but it may be something to consider for your busiest shifts of the week. Another practical solution is to have a break schedule set for every shift. This can help prevent scrambling when employees need to take their breaks. Cross training your employees can also help alleviate the burden of scheduling breaks by ensuring you have an employee who is able to cover the person that is in need of a break.
Meal Period Waiver
Non-exempt employees have the right to waive their meal period for shifts that are up to 6 hours (5.99). It should be noted that this is the employees choice to waive a meal period and they should not be made to do so. If they do decide to sign a waiver, they have the right to revoke it at any time. If your employee is scheduled for a shift up to 6 hours, it is important to note that they should clock out BEFORE reaching their 6th hour (at 5.99 hours), otherwise they will be owed a meal penalty for their missed break.
Extra Long Shifts
Employees who are working more than 10 hours in a shift are entitled to two meal periods. They may waive their second meal period, provided that they took their first meal break and will not be working 12+ hours. You should have a waiver on file for this should an employee decide to waive. As a note, if their shift is over 12 hours, they cannot waive their second meal period. As soon as it becomes 12.01 hour shift, they are owed a meal penalty for not being provided the proper break. Also keep in mind that in the State of CA, employees are owed overtime for shifts that are longer than 8 hours in a day or for time over 40 in a week.
Other breaks
Depending on the length of your employees’ shifts, they are also entitled to a certain number of ten-minute breaks. These breaks are paid and the employee does not need to clock out for them but it is important to ensure that they are relieved of all duty during this time. These breaks should occur as close to the middle of each part of their shift as possible. Meaning, if an employee starts at 8 am and their meal period is at noon, their 10 should be around 10 am. Ten-minute breaks cannot be grouped together with lunch period and should not be put at the very beginning or the very end of a shift. Here is a quick reference to see how many breaks your employees are entitled to in certain shift lengths:
Length of Shift
0-3.25 hours- 0 breaks owed
3.5-4.75 hours-1 10 minute break
5-5.75 hours- 1 10 minute break
6-9.75 hours- 2 10 minute breaks
10-10.75 hours- 3 10 minute breaks
11-14 hours- 3 10 minute breaks
KEY TAKE -AWAYS
Meals and rest breaks in California are a big responsibility to handle. Following the requirements of the law can be complicated but is necessary to keep your restaurant in compliance and free of potential wage and hour claims. If you need help with meal and rest breaks, reach out to our HR team!