subject: The Rights of Workers to Have Meal and Break Times by:Nemelou Despuez [print this page] While the federal law does not require companies to have break times, all employers who provide a rest period (usually for 5 five to 20 minutes) should consider this as a working hour that will be counted for a worker's overtime wage.
However, when employees extend their breaks, employers are not required to count this as a compensable working hour as long as they explicitly told the workers that the breaks should only last for a specific period of time and that unauthorized extension of breaks has penalties and consequences.
Meal breaks, which usually last 30 minutes, serve a different purpose compared to coffee and snack breaks, thus, are not considered as a working hour period and not compensable.
General Rules to Determine if Breaks Should Be Compensated
If a worker needs to continue his work while eating, the break should be compensated. For example, a secretary is eating snacks while waiting for some clients to call.
The breaks are considered compensable if these take 20 minutes or less.
Employers should pay rest breaks if this is mandated by the state law. In California, a worker's 10-minute rest period is paid after working for four hours. However, this policy does not cover employees who are required to work less than three-and-a-half hours.
California's Break Times Standard
According to the Labor Department, an employee should receive a 30-minute break after working for five hours. However, this meal break can be waived if the workday will only be six hours and the company and worker agree to this arrangement. Meanwhile, an employee has the right to cancel this agreement anytime he/she wants.
In some special cases, the Industrial Welfare Commission may alter the "after five hour meal break" and requires workers to have their 30-minute meal break after six hours of working. Still, such changes should be in line with the health and welfare of the employees.
For employees who are required to work more than 10 hours, they have the right to have a second meal period of not less than 30 minutes. However, this can be waived if the total work period is not more than 12 hours and that the worker and his company agree to this arrangement.
Exempted Workers
According to California state law, some workers are exempted from its meal and break times.
Employees in wholesale baking industry who entered into a valid collective bargaining
Employees in motion pictures
Employees in broadcasting industries
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If your right to have meal and rest breaks is violated, get help from our skilled employment attorneys. Visit our website at http://www.employmentattorneyservices.com/ and call us toll free for legal assistance.
