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Lunch - break schedule California

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  • Lunch - break schedule California

    At my job, we are currently working a 5 day 8 hour a day schedule. We start at 6:00am and our first break is at 9:00am for 30 minutes. Our 30 minute lunch is at 12:30pm and we go home at 2:30. That's it, 1 break and 1 lunch. I know enough of the law to know that we should have 2 breaks of probably 15 minutes instead of the 30 minute break. However what bugs me the most is that we have to work 6-1/2 hours before lunch. Doesn't the law in Ca. say that you must start your lunch before the start of the 5th hour? And my next problem/question is that starting next week, most of our crew will be going to 4 - 10 hour work days and the break schedule is not going to change! They will start at 5:00am and have to work 4 hours before getting that first break and 7-1/2 hours before lunch. What does the law state exactly about the breah/lunch schedule and is it even legal for them to have us go to a 4-10 work week? As the engine shop manager I feel I need to bring this to their attention. Thanks for the info.

  • #2
    Meal and rest periods California

    In California:

    45.2 Meal Periods. Section 11 o f each of the Orders (except Order 16) prov ides:
    (A) No employer shall employ any person for a work period of more than five (5) hours without
    a meal period of not less than 30 minutes, except that when a work period of not more than six
    (6) hours will complete the day’s work the meal period may be waived by mutual consent of the
    employer and the employee. Unless the employee is relieved of all duty during a 30 minute meal
    period, the meal period shall be considered an “on duty” meal period and counted as time worked.
    An “on duty” meal period shall be permitted only when the nature of the work prevents an
    employee from being relieved of all duty and when by written agreement between the parties an
    on-the-job paid meal period is agreed to. The written agreement shall state that the employee may,
    in writing, revoke the agreement at any time.
    (B) If an employer fails to provide an employee a meal period in accordance with the applicable
    provisions of this order, the employer shall pay the employee one (1) hour of pay at the
    employee’s regular rate of compensation for each workday that the meal period is not provided.
    (C) In all places of employment where employees are required to eat on the premises, a suitable
    place for that purpose shall be designated.
    (D) Notwithstanding any other provision of this order, employees in the health care industry who
    work shifts in excess of eight (8) total hours in a workday may voluntarily waive their right to one
    of their two meal periods. In order to be valid, any such waiver must be documented in a written
    agreement that is voluntarily signed by both the employee and the employer. The employee may
    revoke the waiver at any time by providing the employer at least one (1) day’s written notice. The
    employee shall be fully compensated for all working time, including any on-the-job meal period,
    while such a waiver is in effect.

    Wage order 16 deals with Construction, drilling, logging, and mining.


    As for rest periods in California:

    45.3 Rest Periods. Section 12 of each of the orders (except Order 16) prov ides:
    (A) 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 sh all be based on the total hours worked daily at th e rate
    of ten (10) minutes net rest time per four (4) hours or major fraction thereof.
    However, a rest period need not be authorized for employees whose total daily
    work time is less than three and one-half (3 ½) hours. Authorized rest period time
    shall be counted as hours worked for which there shall be no deduction from
    wages.
    (B) If an employer fails to provide an employee a rest period in accordance with the
    applicable provisions of this order, the employer shall pay the employee one (1)
    hour of pay at the employee’’s regular rate of compensation for each workday that
    the rest period is not provided.

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