Please note that the following is based on California law.
In April 2012 and May 2012, the California Supreme Court ruled on several issues concerning rest breaks and meal breaks, including the following:
– Employers need only provide the opportunity for meal breaks, employers do not have to police their employees to ensure the breaks are actually taken. However, employers cannot pressure employees to not take breaks, nor should they provide incentives (i.e. promotions, bonuses) for employees to avoid breaks. See this blog post for more information on this ruling.
– Attorney fees are not recoverable for the winning party in meal break and rest break cases, up to now it was generally assumed that an employee who wins a meal or rest break case would be entitled to be awarded attorney fees. See this blog post for more information on this ruling.
DOES AN EMPLOYER HAVE TO PAY OVERTIME?
IF AN EMPLOYEE WORKS OVERTIME, HOW MUCH SHOULD BE PAID?
In general, if an employee is eligible for overtime pay, an employee is entitled to one and one-half times the employee’s regular rate of pay if the employee works more than 8 hours up to and including 12 hours in a workday, and for the first 8 hours worked on the 7th consecutive work day in a workweek. An employee is entitled to double pay if the employee works more than 12 hours in a workday and more than 8 hours on the 7th consecutive work day in a workweek.
For a more complete description of the laws on overtime pay, click here (courtesy of the California Department of Industrial Relations).
DOES AN EMPLOYER HAVE TO GIVE ME A REST BREAK?
WHAT REST BREAK IS AN EMPLOYEE ENTITLED TO?
In general, if an employee is eligible to receive rest breaks, a 10 minute rest break must be provided for each 4 hour work period. For a more complete description of the laws on rest breaks, click here (courtesy of the California Department of Industrial Relations).
DOES AN EMPLOYER HAVE TO GIVE ME A MEAL BREAK?
WHAT MEAL BREAK IS AN EMPLOYEE ENTITLED TO?
In general, employees who are eligible to receive meal breaks must be provided a meal break of at least 30 minutes for every 5 hours worked (although if the total shift is no more than 6 hours, the meal break can be waived). For a more complete description of the laws on meal breaks, click here (courtesy of the California Department of Industrial Relations).
WHAT IF AN EMPLOYER DOES NOT PROVIDE A REQUIRED REST BREAK AND MEAL BREAK ON THE SAME DAY?
Under current California law, the employee may be entitled to up to an additional two hours of pay for a missed rest and meal break in the same day. California Labor Code section 226.7 requires the payment of one additional hour of pay for each work day that a particular type of break is not provided. Therefore, if the employer does not provide two rest breaks in a given day, per Labor Code section 226.7 the employee would only be entitled to one additional hour of pay for the missed rest break.