Complying with rules that permit workers break times on the job is part of running any business. Employee breaks are not only regulated by law, they are an important part of increasing productivity and preventing injuries. There are federal regulations, but these tend to not go as far as California’s break laws do. If you run a business in the state or plan to start one, it is wise to understand why it isn’t enough to comply with federal break standards.
Let’s look at both California and federal laws separately. We will then dig into the differences so you can understand what your business needs to do.
California Work Break Laws
The California Labor Code covers most of the key issues governing workers’ rights and expected treatment as they pertain to employers. Section 226.7 addresses a wide range of concerns related to breaks, including recovery periods and mealtimes. Section 512 goes into specifics about employer obligations. For example, California requires at least a 30-minute meal break for any employee who works at least five hours a day. It also affords a second meal break for individuals who’ve worked at least ten hours. The section also includes carve-outs for specific industries, such as commercial driving and utility work.
Notably, the meal break requirements include provisions that ensure workers are completely at ease to eat. Particularly, the California Labor Code requires that the worker be completely relieved of duties for the meal period. This means the employee can’t be on call or involved in any work activities for the duration of the break. Note that this also means that the employee’s time to return to normal activities doesn’t come out of their meal period.
Additional rest breaks are necessary every four hours. California requires a ten-minute break, and it once more requires the employee to be fully relieved of duties during the rest break. Also, California requires a ten-minute break for anyone who has worked at least 3.5 hours. Likewise, the ten-minute rest period is compensated at the regular rate of pay.
California also establishes a standard for breaks so employees who are lactating following childbirth have time to produce breast milk. Notably, if this time doesn’t align with the regular break time, the employer may treat it as unpaid break time. However, the employer must provide a private space that isn’t a bathroom for the activity.
Employer Responsibilities
California requires employers to develop and provide educational materials about meal and break times. Supervisors should be available to ensure that the company complies, too. The state requires employers to maintain accurate records of all employee break times.
Most importantly, employers must make sure that the work culture promotes employees taking their breaks without fear of reprisal. Employers shouldn’t pressure employees to cut breaks short, for example. Similarly, employers should make every effort to relieve employees of their duties in time to take breaks. An employer shouldn’t make a habit of trying to hold employees over doing work when a break comes due. The goal is to ensure as consistent of observation of meal and break times as possible.
California Penalties
The state also includes a list of penalties for employers that violate these rules. Notably, an employee is entitled to one hour of additional pay for every violation. Employees have three years to file claims under these rules, too. Likewise, employers can’t retaliate against employees who file claims. Retaliation includes acts like firing, worse assignments, and other measures that might degrade the employee’s work experience.
Federal Standards
The Fair Labor Standards Act (FLSA) governs break rules at the federal level. There are no requirements in the FLSA for employees to get any breaks for meals or otherwise. Employers are also under no burden to provide short breaks. However, a company offering short breaks should treat them at compensated work time.
Under the FLSA, states are free to impose more generous labor rules as they see fit. However, a state can’t impose less generous rules. For example, a state can’t strip the compensability of short breaks.
California and Federal Break Rules
Several things stand out when comparing California’s rules and those of the U.S. government. Foremost is that California offers significantly more generous requirements for both mealtimes and general short breaks. Likewise, California has a penalty system in place to punish companies that don’t follow its regulations.
Unsurprisingly, California also engages in active enforcement. This means the state looks for violators, brings cases, and punishes them.
What It Means for Businesses
If you run a business in California, the big takeaway is that federal laws serve as a floor and state laws serve as a ceiling. California companies should expect to have to provide fairly generous meal and break times compared to the federal standard.
There are carve-outs in California law for several specific industries. Also, California law allows collective bargaining agreements to include different terms for setting meal and break times. However, you should never assume that your company or its employees fall into an exempt class. If you think that’s a possibility, talk with an employment attorney who’s licensed to practice in the state of California to find out what the rules might be.
Likewise, you should always assume that if your employees are located in California then they are governed by the state’s laws. It is highly unlikely that an exception is available for your company or employees based on residency. Once more, talk with an employment attorney if you believe your situation might represent an exception to the California Labor Code.
Complying
Complying with all employment laws is essential for business owners. You want to be as thorough as possible in gathering all available information about employment laws, including break laws. Have at least one supervisory-level person on your staff whose job requirements include knowing the break rules. Make sure that training is available for both supervisors and employees so they can learn the regulations.
Posting break rules in visible spaces is beneficial. However, you should never assume this is a substitute for training. Make sure everyone on your team has in-person training on the topic of break rules. Record when the training occurred, too.
Also, under no circumstances should you assume federal work break laws take precedence. The odds that they do in your specific case are extremely low. If there is an applicable exception, it almost certainly is in the California Labor Code and not the FLSA.
