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Meal & Rest Periods

ARE PART-TIME EMPLOYEES ENTITLED TO MEAL AND REST PERIODS?

A. Yes. Employees who have at least 5 hours of work per day are entitled to at least one 30-minute meal break and one 10-minute rest break for those with at least 3½ hours or work, regardless of their status as full or part-time employee.

     The meal and rest periods rules found in Wage Orders of the Industrial Wage Commission and Labor Code section 512 require employers to provide rest periods for work of at least 3½ hours per day, and meal breaks for work of at least 5 hours per day. The law does not allow employers to create exemptions to the rules other than those already recognized by the law. Neither will the law allow employers to expand the exemptions so as to diminish employee rights.

     Rest Period Rules
       1. Every employer shall authorize and permit rest periods to all employees whose total daily work time is at least three and one-half (3 ½) hours.
       2. The rest period insofar as practicable shall be in the middle of each work period.
       3. The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof.
       4. A rest period need not be authorized for employees whose total daily work time is less than three and one-half (3 ½) hours.
       5. Authorized rest period time shall be counted as hours worked for which there shall be no deduction from wages.

     Meal Break Rules
       1. An employee must receive a 30-minute meal period for every 5 hours of work.
       2. If there is mutual consent between employer and employee, an employee may waive a 30-minute meal period if the day’s work will be completed in no more than 6 hours.
       3. An employee may waive the second of two 30-minute meal periods when the day’s work will be completed in no more than 12 hours, and the first 30-minute meal period was not waived.
       4. Unless the employee is relieved of all duty during the meal period, the meal period will be considered to be “on-duty” and counted as time worked. On-duty meal periods are permitted only when the nature of the work prevents the employee from being relieved of all duty and when, by written agreement between employer and employee, an on-the-job paid meal period is agreed upon.

     Penalties for Failure to Allow Rest and Meal Breaks
     The law requires employers who fail to provide a meal or rest period to pay the employee for an additional hour at the regular hourly rate for each day that the meal or rest period is not provided. The employer must pay the penalty in addition to the compensation owed for the worked time, including time worked during the missed rest period. The additional hour’s pay will not result in an increase in the number of the employee’s hours of work. The amount of the penalty is not related to the amount of work performed. It only represents compensation for failure to provide the required rest period.

     Since rest and meal period rules are laws enacted to protect employees from abuse, they are strictly interpreted by the courts in favor of the employee and against the employer.
 

© Law Offices C. Joe Sayas, Jr.