What a Rest and Meal Period Really Means?

A break refers to the period during a work shift in which a worker has the permission or authorization to take some time off their job Orange County Workers Compensation Attorney. Breaks differ in terms of length and a company's policies Work Injury Attorney. A meal break can allow you (an employee) to take food or drinks at a convenient time during your workday. On the other hand, a rest break gives you some time off work for you to freshen up or rest a bit. Rest breaks are meant to allow employees to use the restroom or take some time off work for less than ten minutes. It is the expectation of many employers that their employees use the workplace facilities during their rest periods. Employers are at risk of legal suits for denying their workers the right to use these facilities as required. Concerns regarding workers' health and workplace sanitation will also arise employers deny their workers this right.

 

California's Meal and Break Laws

 

Meal and rest breaks are legally mandated in the state of California. The laws on meal and rest breaks impose severe penalties for employers who fail to allow their employees to rotate through their meal or rest breaks conveniently. Back in 2007, the Supreme Court of California ruled in favor of a store manager who had been forced to work for nine hours daily without taking a break Workers Compensation Attorney. The court ordered the employer to pay an extra hour of pay for the days the store manager worked without meal/rest breaks. Labor Code 512 of the California laws requires employers to offer meal breaks to their non-exempt employees under various conditions. The first condition involves them relinquishing any control they have over their employees’ activities. The second condition mandates them to relieve employees of all duties during the meal breaks. Employers are also cautioned against discouraging or impeding their non-exempt employees from taking an uninterrupted 30-minute break.

 

Who are Non-Exempt Employees?

 

Workers who have the right to meal and rest breaks under California's laws are known as non-exempt employees. Consequently, workers who are not entitled to the breaks are known as exempt employees. Exempt employees usually include those individuals carrying out executive, professional, or administrative functions for companies or organizations. Others include workers in occupations with special meal or rest break rules.

The Supreme Court of California requires employers not to supervise meal breaks and to ensure their non-exempt employees are not carrying out any work during the breaks. If you willingly choose to work during your legally-provided meal break, your employer will not compensate you for any worked hours orangecountyworkerscompensation. You would lose the chance to seek compensation for working during the break, even if your employer knew that you were working at that time.

 

Is it Right to Work Through Your Meal Break for You to Leave Work Early?

 

Working through a meal break will not entitle you to an early departure from work. On-duty meal breaks are only allowed under California's Industrial Welfare Commission Wage Orders when your employer meets various conditions. Your work must prevent you from getting relieved of all duties during your meal period. The employer must also allow you to sign a written agreement explaining the on-the-job paid meal break in detail.

 

Right to Rest Breaks in California

 

As a non-exempt employee, one of your rights is to enjoy a rest break period when working your shifts. A rest period can last up to ten minutes allowing you to take some time off from work. You have a right to seek payment during these rest periods. Your employer should also have suitable facilities for resting for you and your colleagues.