There are important notes for San Diego employers regarding the requirement to provide breaks for rests and meals, as well as
Rest Break Requirements
California law specifically provides breaks for non-exempt employees to rest and to have a meal. These may not be codified in federal law, but they must be observed by San Diego employers. As a San Diego employer, you must provide your employees with regular, paid 10 minute breaks to rest, where the employee is relieved of all duties. If the rest period is interrupted you are most likely liable for paying additional compensation. Rest periods are based on the number of hours worked:
- At Least 4 Hours = one paid rest break
- Between 6.5 and 10 Hours = two paid rest breaks
- More than 10 Hours = three paid rest breaks
If an employee works less than 4 hours they are not required to have a paid rest break. Rest breaks may not be combined or accumulated (such as vacation or sick pay are often accumulated when unused).
Meal Break Requirements
Another of the important notes for San Diego employers regards the requirement to provide a meal break of at least 30 minutes after a given amount of hours work for any employee. Time off for a meal is also provided for in California’s employment laws. Meal breaks are not required to be paid, as rest breaks are. The employee should be relieved of all work responsibilities and free to leave the premises during a meal break. Meal breaks are also determined by hours worked:
- More than 5 Hours (but do not work less than six hours) = 1 meal break
- More than 10 Hours = 2 meal breaks
One important fact relating to meal breaks is the “relief from work duty” requirement. If an employee is not free to be relieved from work duties during a meal break they must be paid their regular (hourly) wage, and this must be agreed to in writing by both parties. If an employee takes the first meal break they may agree to waive the second. Those who work more than 5 hours but less than six may need to agree to waive the meal break.
Important Notes for San Diego Employers to Understand and Fulfill
These Important Notes for San Diego employers prevent disputes and potential exposure to wage and hour and/or PAGA violations. Compliance with all laws and regulations regarding employer obligations is an important focus for any San Diego or Southern California employer.
Disputes between employers and employees are expensive, and can lead to investigation by California agencies that results in substantial fines and penalties. If you are a San Diego employer and you have questions regarding breaks, meals or California employment laws we invite you to review the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.
