FREE CONSULTATIONS:

888.465.5110

NO FEE UNLESS YOU WIN

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

Postmates pays $8.75 million to settle worker misclassification lawsuit

California courts have been dealing with a growing number of worker misclassification cases that have resulted from the expansion of the gig economy. In one such lawsuit, a federal judge recently approved…

READ ARTICLE

Misclassified property workers awarded $2 million in overtime lawsuit

A recent case serves as an important reminder about the protections that California labor laws provide to workers. Employers can be liable if they misclassify their workers and fail to comply with…

READ ARTICLE
Venture capital firm co-founder resigns amid sexual harassment scandal

Venture capital firm co-founder resigns amid sexual harassment scandal

Silicon Valley has recently been hit by a series of complaints about inappropriate behavior in the workplace. Not long ago, Uber CEO Travis Kalanick stepped down amid allegations of sexual harassment within…

READ ARTICLE
San Francisco attorney wins $2 million in whistleblower lawsuit against city

San Francisco attorney wins $2 million in whistleblower lawsuit against city

A former deputy city attorney won a wrongful termination and whistleblower lawsuit against the city of San Francisco. The San Francisco Superior Court jury awarded Joanna Hoeper over $2 million for lost…

READ ARTICLE
SEEN ON
bloomberg
sfgate
kpix
cnnmoney
marin-ij
dailypost
news10