Breaks In California: Combining 10-Minute Intervals Lawfully

California's meal and rest break rules are nuanced and have resulted in a cycle of litigation. The law requires employers to allow workers to take breaks, but the specific rules around when breaks must be taken are imprecise. In California, workers must receive a 30-minute unpaid meal break when working more than five hours in a day and an additional 30-minute unpaid meal break when working more than 12 hours in a day. They are also entitled to a paid 10-minute rest period for every four hours worked. However, the timing of these breaks is flexible, and employers may deviate from the preferred schedule under certain circumstances. For example, in the case of Rodriguez v. E.M.E., Inc., a metal finishing shop combined two daily 10-minute rest breaks into one 20-minute break each morning, which was preferred by employees and increased productivity. A former employee filed a class-action lawsuit against the company, claiming that this practice violated California law. The case illustrates the complexities and uncertainties surrounding break rules in California.

When must rest breaks occur?

In California, rest breaks must be given as close to the middle of each four-hour work period as is practicable. If the nature or circumstances of the work prevent the employer from giving the break at the preferred time, the employee must still receive the required break, but may take it at another point in the work period.

The Supreme Court of California addressed rest break timing in its 2012 decision in Brinker Restaurant Corp. v. The Superior Court of San Diego County. In that case, the supreme court rejected the contention that employers are required to provide a rest period before a meal break. The court noted that the only constraint in the applicable wage order was that “rest breaks must fall in the middle of work periods ‘insofar as practicable.’”

The court stated:

> “Employers are ... subject to a duty to make a good-faith effort to authorize and permit rest breaks in the middle of each work period, but may deviate from that preferred course where practical considerations render it infeasible.”

The court declined to offer any opinion on what considerations might be legally sufficient to justify such a departure.

Can employers combine rest breaks with other breaks?

In California, employees are entitled to a 10-minute uninterrupted, duty-free rest break for every four hours worked. If an employee works at least 3.5 hours in a day, they are entitled to one rest break. If they work over six hours, they are entitled to a second rest break, and if they work over 10 hours, they are entitled to a third. These rest breaks must be paid and, if possible, should be in the middle of each work period.

California's Wage Order No. 1, which covers the manufacturing industry, states that:

> Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period. The authorized rest period time shall be based on the total hours worked daily at the rate of 10 minutes net rest time per four hours or major fraction thereof.

In the case of Rodriguez v. E.M.E., Inc., the California Court of Appeal clarified the timing of rest breaks and whether they can be combined into a single break. The court interpreted the phrase "insofar as practicable" narrowly, holding that an employer could only depart from the preferred schedule if two requirements were met:

• Departing from the preferred schedule would not negatively impact employee welfare.
• The departure is tailored to alleviate a significant burden on the employer.

The court concluded that a combined rest break was permissible only when an employer's business required shifts where the meal break must be taken soon after workers start their shifts. For example, in a restaurant, waitstaff may need to eat their meals before the rush of customers makes it impossible to take breaks.

In summary, while California law requires employers to provide rest breaks, there may be limited circumstances where combining rest breaks with other breaks is permissible. Employers should carefully evaluate the circumstances to minimize the risk of legal liability.

Can employees voluntarily skip their breaks?

In California, employers are required by law to make meal and rest breaks available to their employees. However, it is up to the employees to decide if they want to take these breaks or not. Employees can choose to voluntarily skip or waive their meal or rest break, or take them late, as long as there is no pressure or encouragement from the employer to do so.

While employers are not required to make their employees take breaks, they do have the right to set work schedules, including break schedules, and can order employees to go on their breaks. If an employee does not comply, the employer has the right to discipline or terminate them for insubordination. Therefore, it is advisable for employees to discuss with their employer their intention to skip or waive any meal or rest breaks, or to take them late.

As per California law, employees are entitled to a 30-minute uninterrupted, duty-free meal break if they work more than five hours in a workday. They are also entitled to a 10-minute uninterrupted, duty-free rest break for every four hours worked (or "major fraction" thereof). If an employer does not comply with these break law requirements, they are mandated to pay their employees an extra hour of regular pay for each day a meal or rest break violation occurred.

What are the penalties for employers who don't comply with break law requirements?

In California, employers who fail to comply with break law requirements can face significant legal and financial repercussions. If an employer fails to provide a meal or rest break, they must pay the employee an additional hour of pay at their regular rate for each day the break was not provided. This is referred to as "premium pay" and acts as a penalty to incentivize compliance and compensate the employee.

Beyond immediate penalties, employers may face class-action lawsuits if a pattern of violations is identified, which can lead to substantial settlements or judgments. These legal actions can be costly not only in terms of monetary fines but also in legal fees and resources required to defend against claims. Additionally, publicized disputes may result in long-lasting reputational damage to the company's standing.

Employers who do not adhere to break law requirements may also come under scrutiny by the California Division of Labor Standards Enforcement (DLSE), which can conduct investigations into their employment practices. Such investigations can result in administrative penalties and further legal action if systemic issues are discovered.

To avoid exacerbating legal liabilities, employers are encouraged to maintain accurate records of compliance and to ensure they understand their obligations, as ignorance of the law is not a valid excuse.

What are the exceptions to the break law requirements?

California's meal and rest break rules are nuanced and have been the source of much litigation. Here are some exceptions to the break law requirements:

Exempt Workers:

Certain workers, such as domestic workers, farm workers, and truck drivers, are covered by different meal and rest break laws. For example, truck drivers are often considered exempt from California meal and rest breaks but must take breaks after 8 hours under federal law.

Waiving Meal Periods:

If an employee works for less than 6 hours in a workday, they can agree with their employer to waive the meal period, provided they do not work more than 6 hours. For a workday of more than 10 hours, an employee can waive the second meal period if they work no more than 12 hours and did not waive their first meal break.

On-Duty Meal Periods:

In certain limited circumstances, employees can take on-duty meal periods, but only if the nature of the work prevents them from being relieved of all duties. This must be agreed upon in writing and can be revoked at any time, except under Wage Order 14 (Agricultural Occupations).

Rest Breaks for Short Workdays:

If an employee works at least 3.5 hours in a day, they are entitled to one rest break. This means that for workdays of less than 4 hours, rest breaks are not required.

Combining Rest Breaks:

While the general rule is to have one rest break before and one after the meal break for an 8-hour shift, deviations are allowed under certain circumstances. In the case of Rodriguez v. E.M.E., Inc., the court concluded that a departure from the preferred schedule is permissible when it "(1) will not unduly affect employee welfare and (2) is tailored to alleviate a material burden on the employer."

Outdoor Workers:

Outdoor workers have additional rights to take breaks as needed to prevent heat illness. Employers must allow them to take breaks in the shade to cool off.

Frequently asked questions