Understanding La Labor Laws: Breaks And You

Employees in Los Angeles are protected by California labor and employment laws, which outline the rules that govern breaks at work. In most workplaces, non-exempt employees are entitled to an unpaid 30-minute meal break when they work for at least five hours, two unpaid 30-minute meal breaks when they work for at least 10 hours, and a 10-minute, on-the-clock rest period for every four hours worked. If employers deny their staff these breaks, employees may need to take legal action to remedy the situation and could be owed financial compensation for the extra time they worked through the breaks.

Meal break laws for workers on shifts longer than five hours

In Los Angeles, California, labor laws require that workers on shifts longer than five hours are entitled to a 30-minute unpaid meal break. This break must be uninterrupted, duty-free, and taken off the work premises. The break must start before the end of the fifth hour of the worker's shift.

If a worker is on a shift longer than 10 hours, they are entitled to a second 30-minute meal break, which must start before the end of the tenth hour of their shift.

In addition to meal breaks, workers are also entitled to a 10-minute uninterrupted, duty-free rest break for every four hours worked. Rest breaks must be paid and should, where possible, be taken in the middle of each four-hour work period.

If an employer fails to provide the required meal and rest breaks, they are required to pay the employee one additional hour of pay at the employee's regular rate of compensation for each workday that the break was not provided. Employees have up to three years to file a claim for unpaid wages.

Additional break laws for shifts longer than 10 hours

In addition to the break laws outlined in the previous paragraphs, there are further break laws that apply to shifts longer than 10 hours. In California, if an employee works more than 10 hours, they are entitled to a second 30-minute meal break. This second meal break must start before the end of the tenth hour of the employee's shift. An employee can only waive their right to this second meal break if they meet all of the following conditions: they have worked no more than 12 hours total that workday; their employer agrees to the waiver; and they did not waive their first meal break.

Employers must treat rest breaks as hours worked and must pay employees for this time. If an employer fails to provide an employee with their entitled rest break, the employer must pay the employee one additional hour of pay at the employee's regular rate of compensation for each workday that the rest break was not provided.

Rest break laws for workers on shifts longer than 3.5 hours

In California, workers are entitled to rest breaks in addition to meal breaks. Here is an overview of the rest break laws for workers on shifts longer than 3.5 hours:

Rest Break Entitlement

Workers in California who work a shift of at least 3.5 hours are entitled to a rest break. This break must be at least 10 minutes long and must be paid. The break should ideally be taken in the middle of the work period but can be taken at another time if the nature of the work prevents this.

Number of Rest Breaks

The number of rest breaks a worker is entitled to depends on the length of their shift:

• Shift longer than 3.5 hours but shorter than 6 hours: One rest break
• Shift longer than 6 hours but shorter than 10 hours: Two rest breaks
• Shift longer than 10 hours: Three rest breaks

Requirements During Rest Breaks

During rest breaks, employers must relieve employees of all duties and relinquish control over how they spend their break time. Employers cannot require employees to stay on the work premises during their rest breaks. Additionally, rest breaks cannot be on-call, meaning employees cannot be required to remain at the ready or tethered to specific locations or communication devices.

Consequences of Not Providing Rest Breaks

If an employer fails to provide the required rest breaks, they must pay the employee one additional hour of pay at the employee's regular rate for each workday that the rest break was not provided. Employees can file a wage claim with the Division of Labor Standards Enforcement to request this payment.

Worker rights when employers deny breaks

In Los Angeles, California, workers have the right to reasonable rest breaks and at least one meal break over the course of their workday. If an employer denies an employee their mandated meal or rest break, the employee may be entitled to financial compensation for the time worked through the break period, at their regular rate of pay.

In most workplaces in Los Angeles, non-exempt employees are entitled to:

• An unpaid 30-minute meal break when they work at least five hours
• Two unpaid 30-minute meal breaks when they work at least 10 hours
• A 10-minute, paid rest period for every four hours worked

If an employer denies an employee these breaks, the employee may be owed financial compensation. For each day that an employer fails to provide an employee with a meal break, the employer owes the employee one additional hour of pay at the employee's regular rate. If an employee is denied a rest break, the same rule applies—the employer must pay the employee one hour of pay at the regular rate for each day that the rest break is not provided.

If an employee works through their meal or rest break, they must still be paid for this time at their regular rate of pay. However, it is important to note that employers are not required to ensure that employees take their meal breaks. Once the meal period is provided, there is no duty for the employer to police meal breaks to ensure no work is being done.

If an employee feels that their employer is not providing them with adequate break time, they may file a wage claim or a discrimination/retaliation complaint with the Labor Commissioner's Office. Employees have up to three years to file a claim for unpaid wages.

Consequences for employers who deny breaks

In Los Angeles, California, labor laws state that all workers have the right to reasonable rest breaks and at least one meal break over the course of their workday. Unfortunately, not all employers act in accordance with employment laws, unlawfully denying their employees these breaks.

If an employer is found to be denying rest breaks or meal breaks to employees in California, they will face costly consequences and litigation. For each day that an employer fails to provide a meal break, they owe the employee an additional hour of pay at the employee's regular rate of pay. The same applies to rest breaks. If either rest break is not given or is interrupted, the employer owes the employee an hour of pay at the regular rate, which must be included in the next paycheck.

Employees have up to three years to file a claim for unpaid wages relating to missed breaks. If successful, they may also be entitled to further financial compensation for the extra time worked through rest or meal breaks.

Workplace retaliation can also be an issue when employers deny rest breaks. In many cases, an employee will complain about the denial of rest breaks before taking legal action, and the employer will engage in workplace retaliation. This can include demotion, further denials of rest breaks or the denial of a raise. If an employer retaliates against an employee for complaining about a lack of rest breaks, the employee may be able to get help from an employment law attorney to uphold their workplace rights.

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