Workers in California benefit from numerous legal protections. Both state and federal statutes apply to hourly employees working in California. State laws often expand on federal regulations, providing employees with more protection and rights than they might have in other states.
California has clear rules regarding the right of workers to take rests, including breaks from work and meals. In cases where employers demand that workers perform job functions during a meal break, that could potentially lead to wage obligations for an employer.
No work should occur during a meal
Employees taking a meal break required due to the length of their shift should not have to perform any job functions while off the clock. Workers have a right to a single unpaid 30-minute meal break if a shift lasts more than five hours. A second meal break may also be available if the worker is on the clock for 12 hours or longer. They should also receive a paid 10-minute rest break for every four hours they work.
Workers should not have to respond to management or handle any job tasks while technically on a meal break. They have the right to an uninterrupted meal break. If employers demand work during a break, they may have to pay the worker wages. Missed meal breaks should lead to employers paying workers for an hour for each day the worker missed a lunch break or had to work during the break.
Documenting violations of meal break rules can help workers pursue the pay that they deserve. Employees denied the rest required by state statute may have grounds to take legal action seeking wages from their employers accordingly.