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Are you required to pay for your employees’ breaks?

On Behalf of | Oct 24, 2024 | Employment Law

Understanding California’s break laws helps employers comply with regulations. Knowing when to pay employees during breaks is important to avoid legal issues.

Paid rest breaks

In California, employers must provide rest breaks to employees. Employees earn a 10-minute rest break for every four hours they work. Employers must pay for these rest breaks. Employees do not have to clock out during these short breaks. They can use this time as they choose, whether to relax or grab a snack.

Unpaid meal breaks

Employees who work more than five hours a day receive a 30-minute meal break. Employers do not pay for this meal break. During this time, employers relieve employees of all duties, and employees may leave the workplace if they wish. If employees work longer than ten hours, they receive a second 30-minute meal break.

Exceptions and special cases

Some jobs require different rules for employees. For example, if an employee’s work prevents them from taking an off-duty meal break, they may agree in writing to an on-duty meal period. In this case, employers must pay for the meal break. Employers should ensure they follow specific guidelines for such agreements.

Recording breaks

Employers should keep accurate records of meal and rest breaks. This includes noting when employees take breaks and ensuring they receive them at the correct times. Proper record-keeping helps demonstrate compliance with California labor laws.

Consequences of not providing breaks

Failing to provide required breaks can lead to penalties. Employers may have to pay one hour of pay at the employee’s regular rate for each day they fail to provide a break. Repeated violations can result in legal action and fines.

Best practices for employers

To stay compliant, employers should inform employees about their break rights. Posting break policies in common areas or including them in employee handbooks can help. Encouraging employees to take their breaks ensures they remain rested and productive.

Understanding when to pay for employee breaks in California is crucial for employers. By following the state’s laws on rest and meal breaks, employers can maintain a positive workplace and avoid potential penalties.

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