Superior Court (2012) 53 Cal.Then, because so many people were coming and going that they did not even have a chance to eat, he said to them, “Come with me by yourselves to a quiet place and get some rest.”
REST TIME CLIPART FREE
Superior Court (Opens in new window) (2012) 53 Cal.4th 1004, 1036 he wage order’s meal period requirement is satisfied if the employee (1) has at least 30 minutes uninterrupted, (2) is free to leave the premises, and (3) is relieved of all duty for the entire period.”]. 1991.06.03 (Opens in new window) (June 3, 1991) Brinker Restaurant Corp. Bradshaw (1996) 14 Cal.4th 557 see also Brinker Restaurant Corp.
Bradshaw (1995) 32 Cal.App.4th 968, 971, disapproved on other grounds in Tidewater Marine Western, Inc. Meal breaks are sometimes referred to as lunch breaks. 12 rest period need not be authorized for employees whose total daily work time is less than three and one-half (3 1/2) hours”]. Superior Court (2011) 196 Cal.App.4th 57, 69 hile section 226.7 is reasonably susceptible of alternative interpretations (one allowing a single premium payment per work day and another allowing up to two), we believe it is more reasonable to construe the statute as permitting up to two premium payments per workday-one for failure to provide one or more meal periods, and another for failure to provide one or more rest periods.”]. Non-Exempt Employees: Guide to California Law. If you are unsure whether an employee is exempt or non-exempt, visit our previous article, Exempt vs. The employer must pay a civil penalty in the amount of $100.00 for each violation. 61 The consequences of failing to provide a lactation break are severe. The area provided should be close to the employee’s workspace, but cannot be a toilet stall. 59Įmployers are not required to provide lactation breaks if doing so would seriously disrupt the employer’s business operations. 60 This is a very high burden for an employer to meet, however, and lactation breaks will usually be required. If the lactation break does not coincide with other break periods provided to the employee, the employer is not required to pay the employee during the break. 58Įmployers must try to provide lactating employees with the use of a private room or location for the employee to express milk in private. If possible, this break period should coincide with the employee’s other break periods. 57 Otherwise, the employer will be required to pay the employee penalties described below.Ĭalifornia employers are required to provide break time to accommodate female employees who want to express breast milk for their infant child. Thus, employees must be free to do as they please during their uninterrupted rest periods. Nor may California employers require their employees to remain on-site or on-call during rest periods. 26 In a recent decision by the California Supreme Court, it was explained:ĭuring required rest periods, employers must relieve their employees of all duties and relinquish any control over how employees spend their break time.Īugustus v. An employer is required to authorize and permit the amount of rest period time to which an employee is entitled. 23 If it does not, it has violated the law and is liable for a penalty (which is described in a section below).Ĭalifornia law permits employees to skip rest periods if they so choose, and there is no penalty to the employer if they do so. 24 But employers may not pressure or encourage their employees to skip rest periods. 25
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