Many employees are unaware that they deserve a second meal break when their workday runs long. Hourly workers push past the tenth hour without a pause, which is a violation. Knowing this rule can protect the workers’ pay as well as their health.
Who does the ten-hour rule apply to?
Long shifts result in fatigue and human error, which is why California sets meal rules. The Labor Code section 512 and the Industrial Welfare Commission Wage Orders outlines this rule. Under these laws, non-exempt employees earn a second 30 minute meal break after ten hours of work. Non-exempt employees are those entitled to minimum wage and overtime pay under labor laws.
When is a second meal break mandatory?
The second meal break starts before the end of the tenth hour. It is important to stress that employers MUST provide the break, not just allow it. Employers also need to keep accurate time records of these breaks. The ten-hour rule focuses on actual worked time, not what appears on a schedule.
Situations that raise red flags
Certain workplace practices lead to missed second meal breaks. But practice does not equal legality. Just because a company follows certain routines, does not mean the patterns are legal. Here are some issues that workers need to watch out for:
- Employers asking employees to stay on duty during meal breaks
- Employees clocking out for meals but continuing to work due to urgent tasks
- Employers pressuring staff to waive breaks for staffing needs
- Employees receiving tasks that overlap with mandatory meal breaks
These problems can point to wage and hour violations that deserve attention.
Can employees waive their second meal break?
A waiver may apply but only in limited situations. If the worker’s total shift does not exceed 12 hours and they took their first meal, they may agree to waive the second meal break. However, the choice must be voluntary and clear.
Protecting meal break rights in California
For California workers, missing a required meal break can result in extra pay owed by the employer. State law mandates that employees receive one additional hour of pay at their regular rate for each day a required meal break is not provided. Employees should be aware of this rule otherwise they will not receive compensation in the form of extra pay or rest periods. If their employees keep denying this right, they should speak with an employment lawyer to know their legal options.