Coffee Break Laws: Understanding California's Employee Rights

Coffee breaks are a type of downtime during a shift that allows employees to take time off from their jobs. In the US, modern break laws stem from labour laws passed between 1935 and 1974, with the Fair Labour Standards Act being passed in 1938. In California, workers must receive an uninterrupted 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.

Meal break laws for employees working over 5 hours

In California, employees who work more than five hours are entitled to a 30-minute meal break. This break must be provided before the end of the fifth hour of work and should be uninterrupted. Employees must be allowed to leave the work premises if they choose and cannot be required to remain on-site or perform any work-related tasks during their meal break.

If an employer fails to provide an employee with a meal break, they are required to pay the employee an additional hour of pay at the employee's regular rate of compensation for each workday that the meal break is not provided.

If an employee works more than 10 hours in a day, they are entitled to a second 30-minute meal break, which must be provided before the end of the tenth hour of work. This second meal break can be waived if the employee works no more than 12 hours and the first meal break was not waived.

Meal breaks are typically unpaid, but if an employee is asked to do anything for the employer during the meal period, it must be paid. Additionally, if the nature of the work prevents an employee from taking a break, employers may provide an on-duty meal period, which must be agreed to in writing by the employee and can be revoked at any time.

It is important to note that there may be exceptions to these meal break laws for certain industries, such as construction, healthcare, and motion picture.

Second meal break laws for employees working over 10 hours

In California, employees working more than 10 hours in a day are entitled to a second 30-minute meal break. This break must be provided no later than the end of the employee's tenth hour of work. For example, if an employee's shift begins at 7 a.m., their second meal break would need to start before 5 p.m.

The second meal break can be waived, but only if all of the following conditions are met:

• The total hours worked on that workday are not more than 12;
• The employer and employee mutually consent; and
• The employee did not waive their first meal break.

Employees can take on-duty meal breaks only in certain limited circumstances. An on-duty meal break must meet all of the following conditions:

• It is permitted only when the nature of the work prevents an employee from being relieved of all duty;
• It must be agreed to in writing by the employer and employee;
• The employee can revoke the agreement at any time in writing, except under Wage Order 14 (Agricultural Occupations).

Employers must put up meal breaks but do not have to ensure employees take those breaks. However, if an employer unlawfully denies a meal break, the employee is entitled to one extra hour of pay at their regular hourly rate for each workday the violation occurs.

Rest break laws for employees working over 3.5 hours

In California, employees are entitled to a 10-minute uninterrupted, duty-free rest break for every 4 hours worked (or "major fraction" thereof). This means that if you work at least 3.5 hours in a day, you are entitled to one rest break. If you work over 6 hours, you are entitled to a second rest break, and if you work over 10 hours, you are entitled to a third. Rest breaks must be paid and, if possible, should be taken in the middle of each work period. Your employer may not require you to remain on the work premises during your rest break, and you cannot be required to work during this time. However, you are free to skip your rest break as long as your employer isn't encouraging or forcing you to do so.

If your employer does not comply with rest break requirements, they are required to pay you an extra hour of regular pay for each day that a rest break violation occurred.

On-duty meal breaks

In California, an on-duty meal break is only permitted when the nature of the work prevents an employee from being relieved of all duties. This is determined by objective criteria, and there must be a written agreement between the employer and employee for an on-duty meal break, which the employee can revoke at any time.

For an on-duty meal break to be permitted, three requirements must be met:

• The employer and employee must have a signed agreement authorizing the on-duty meal period.
• The signed agreement must expressly state that the employee can revoke the agreement in writing at any time.
• The nature of the work must prevent the employee from being relieved of all duty during the meal period.

The third requirement is the most litigated and contentious. Courts and agencies like the California Labor Commissioner consider various objective factors when determining whether the nature of the work allows for an on-duty meal break. These include the nature of the work, whether other employees are available to relieve the employee, and whether the employer's work product or process would be damaged or destroyed if the employee was relieved of all duty.

Even if all the requirements for an on-duty meal break are met, the employer must still provide the employee with time for a meal break. If the employee does not get a chance to eat while on duty, the employer may still be in violation of the employee's meal break rights.

Examples of jobs that may be eligible for on-duty meal breaks include a sole worker in a coffee kiosk, a sole worker in an all-night convenience store, and a security guard stationed alone at a remote site. However, even employees in these jobs may be found to be ineligible for on-duty meal breaks, depending on the facts of the case.

Employers should exercise caution and consult with legal counsel before authorizing on-duty meal breaks, as they have been upheld only in very limited circumstances.

Laws regarding employers who fail to provide breaks

California labor laws are quite generous to employees when it comes to breaks and are very specific about the type of breaks and when they should be given.

Meal Breaks

In California, employers may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than thirty minutes. If the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. A second meal period of not less than thirty minutes is required if an employee works more than ten hours per day, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and employee only if the first meal period was not waived.

If the employer requires the employee to remain at the work site or facility during the meal period, the meal period must be paid. This is true even where the employee is relieved of all work duties during the meal period.

If an employer fails to provide an employee with a meal period, the employer must pay one additional hour of pay at the employee's regular rate of pay for each workday that the meal period is not provided.

Rest Breaks

Employers must provide rest breaks that are timely and uninterrupted. Rest breaks are required to be during paid time and they cannot be interrupted by the employer. If an employer requires employees to miss rest breaks, work or remain on call during rest breaks, or take late rest breaks, the employer must pay each affected employee one additional hour of pay (i.e. premium pay) for each time a proper rest break is not provided.

Rest breaks must be given as close to the middle of the 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.

If an employer fails to provide an employee with a rest period, the employer shall pay the employee one additional hour of pay at the employee's regular rate of pay for each workday that the rest period is not provided.

Enforcement

If an employer fails to provide the required meal and rest breaks, employees can file a wage claim with the Division of Labor Standards Enforcement (the Labor Commissioner's Office), or they can file a lawsuit in court against their employer to recover the premium of one additional hour of pay at their regular rate of compensation for each workday that the meal and rest breaks are not provided.

Frequently asked questions