The California Labor Code establishes specific breaks, meals, and overtime laws. These laws are intended to ensure that employees are adequately compensated for the time they take to rest during their workdays.
Generally speaking, Section 512 of the state Labor Code states that if an employee works more than five hours a day, their employer must provide them with a meal break of at least thirty minutes. In addition, if the employee works more than ten hours a day, he must have a second meal break of at least thirty minutes. However, it is important to note that if the employee works six hours or less per day, the employee and employer must communicate with each other and come to an agreement. They have to arrange whether or not they want to waive the employee’s meal break period.
As for rest periods, the Industrial Welfare Commission’s Wage Orders specify that employers must allow paid rest periods of ten minutes for every four hours worked in California. This time should be in the middle of the four-hour work shift. Suppose an employer denies its employees their rest periods. In that case, the employer must pay the employee one hour of the established wage rate for each day of work that the employee is denied their rest period.
If a non-exempt worker works more than eight hours a day or more than 40 hours a week, their employer must pay one and one-half times their regulated rate of pay for any overtime hours. In case of not receiving overtime compensation, the worker may file a claim for violation of wages and hours of work.
There are three ways an employee can file a wage and hour claim:
- The employee may file a claim with the Department of Labor’s Wage and Hour division.
- An employee may file a complaint with the California Department of Industrial Relations, also known as the Office of the Labor Commissioner.
- An employee may file a claim in court under the representation of an attorney specializing in employment law.
If you need help in these or any other employment law matter, contact us and we will help you find a resolution.