FREE CONSULTATIONS:
415.925.5161
Meal Breaks for California Employees
In California non-exempt employees must be “provided” a 30-minute meal period for ever five hours worked. Employees who work ten hours or more in a workday must be provided with two 30-minute meal periods. However, there are exceptions: (1) if the employee works six hours or less and consents in writing to waive the meal period; or (2) if the employee works less than twelve hours and the employee actually takes the first meal break, then the employee can waive the second meal period. Employers are not required to pay employees for any meal period.
California courts have not agreed on the exact meaning of the word “provide.” One court has held that an employer has an “affirmative obligation to ensure that workers are actually relieved of all duty” during their meal period. Another group of courts held that employers need not require that employees take meal breaks as long as they are allowed to take them. (The issue is now before the California Supreme Court for clarification.)
Nonetheless, if an employer fails to relieve a non-exempt employee of all duties or does not permit the employee to leave the premises during a meal period, then it is considered an “on duty” meal period. For each missed meal period, the employer must pay the employee one additional hour of pay at the employee’s regular pay rate. This meal period pay is capped at one hour of pay for each workday (even if the employee was not given the second meal period). Employees generally have a private right of action to recover meal period pay, and the statute of limitations for recovering pay for a missed meal periods is three years.
Read more
Worker Wins $20 Million From San Francisco Marriott Marquis in Disability Discrimination Lawsuit
A San Francisco jury awarded a former Marriott Marquis employee $20 million in damages after finding that the hotel failed to provide reasonable accommodations for his disability. The verdict was announced in…
Bay Area Subway Franchisee Faces Closure and $1 Million Penalty for Wage Theft
The U.S. District Court for the Northern District of California ordered a 14-unit Subway franchisee in the San Francisco Bay Area to either close or sell their stores. The employers must pay…
Bay Area Fire District Pays $100,000 Settlement for Withdrawing Job Offer Based on Applicant’s Criminal Record
The Moraga-Orinda Fire Protection District (MOFD) agreed to pay nearly $97,500 to settle a case brought against it by a job applicant. The settlement, announced by the California Civil Rights Department, stems…
Deaf FedEx Package Handler Gets $2 Million in Disability Discrimination Case
A former package handler at FedEx Ground who is deaf won a $2 million jury award in a disability discrimination lawsuit. The case highlights the need for employers to proactively address workers’…