1. California Rest and Meal Period:
What Employees Need to Know
SMaffei, 08/27/2014
2. What is the California Rest and
Meal Period Labor Law
California Labor Law states that employers must provide
all non-exempt employees with an 30 minute duty free
meal period when the employee works for more than
five hours and a 10 minute paid break for each 4 hours
worked.
When an employee works more than 10 hours, the
employer must provide a second 30 minute duty free
meal period.
3. What is the definition of duty free?
• It means that you are relieved of all work
responsibilities- all phones calls, emails and tasks
associated with your position.
• Your meal period is not interrupted work related
questions or requests from you supervisor.
• You are free to leave the campus.
If any of these conditions occur the meal period is not considered duty
free. If your employer cannot provide you with a meal or rest period
within the requirements listed, your employer will pay you an additional
hour of pay at your regular rate. This is called the California Meal
Premium Pay.
4. What are the time requirements?
The meal period must occur before the start of
the 5th hour. (4:59)
For employees who work more than 10 hours,
the second meal period must occur before the
start of the 10th hour. (9:59)
5. What is our company policy?
As part of providing superior service to our residents and
maintaining a high-quality environment for employees,
ESC is committed to staying in compliance of labor law by
providing a reasonable time during the day for employees
to rest and enjoy a meal free from work pressure.
6. Employer Responsibility
It is your supervisor’s responsibility to
schedule work in a manner that permits you
to take your break, and to ensure that it is
free from all work responsibilities for a full
30 minutes. Your employer must also
provide a 10 minute paid break for every 4
hours worked.
7. Employee Responsibility
It is your responsibility to:
• manage your time and to take your break
before the 5th hour. (by 4 hours and 59
minutes)
• notify your supervisor before a missed break
if it looks like you are going to run out of
time.
• take a second break if your work day
exceeds 10 (by 9 hours and 59 minutes).
• take your 10 minute paid break.
8. A Full Thirty Minutes
• It is your responsibility to watch your time and
to take a full 30 minute meal period. A good
rule of thumb is to take a 32 minute meal
period to avoiding punching mistakes.
• When clocking back in, stay at the clock long
enough to see your name on the screen. If
you see BRK END you are clocking in too early.
9. What employees must consider…..
• The time clocks have a rounding feature.
Employees often think about time in terms of
a shift, or in increments based on the quarter
hour.
• Labor Law looks at the exact punch.
– If you clock in at 7:55 am, the meal period clock
out needs to occur by 12:54. If the employee is
thinking 8:00 am instead of 7:55 am, unnecessary
mistakes may happen.
10. Punching Tips
• When you clock in, note the time stamp on the
clock. Write it on a post-it note to help you
remember.
• If you forget, return to the clock and use the
punch review feature. Instructions are posted at
the clocks.
• If you use a cell phone you can set an alarm or a
timer. Give yourself enough leeway to be able to
disengage or finish a task.
• If your supervisor does not schedule your break,
aim for the 4th hour.
11. California Labor Law allows for very few exceptions.
• Single incident for Personal Reasons- On occasion an employee may
wish to waive or shorten the duty free meal period. Employees must submit the
request in writing, and in advance for approval by their supervisor. Meal periods
may not be waived to regularly shorten a work day. This waiver is for the
exceptional circumstance, such as leaving early for a medical appointment.
• An employee who works more than 5 hours but less than 6 hours
may request that the meal period be waived. However, the employee MUST
clock out within 5 hours and 59 minutes.
• An employee who works more than 10 hours but less than 12
hours may request to have the second meal period waived as long as the first
meal period occurred before the fifth hour.
the final waiver- (next slide)
12. • The nature of a person’s position may prevent the
employee from being able to take a duty free meal
period. The employee takes a paid meal period.
• After reviewing the job positions and consulting with
labor counsel, the Executive Team at ESC and Lytton
Gardens has determined that the only position that
may be eligible for this kind of waiver is a single
licensed NOC nurse working alone.
13. What should I do if it appears that I am not
going to be able to leave my work
duties/station in order to clock out within the
regulated time frame of 4 hours and 59
minutes, or take my 10 minute break?
• Notify your supervisor immediately if you find yourself
coming within 30 minutes of your time limit. Your
supervisor can arrange for someone else to cover for you
so that you can leave. It may be that your supervisor
needs to adjust your schedule if it happens frequently.
• In the event of a true emergency you may be asked to
take your meal period later than what the law has
stipulated. When this happens, you supervisor will pay
you the California Meal Premium.
14. Failing to notify your supervisor will
lead to disciplinary action
• There are legitimate reasons for awarding the
California Premium Pay to employees who
have had to forego their meal period due to
unforeseen circumstances.
• Avoidable CAMPs that occur because an
employee did not notify their supervisor, or
manage their time, are a financial drain on the
community and hurt everyone, residents and
employees alike.
15. But it was an honest mistake!
It happens to all of us!
If your supervisor provided the opportunity for a
meal period but you clocked out late because
you were not paying attention, tell your
supervisor! You may request to have a notation
made on your timecard documenting the
circumstance. The CAMP occurrence will be
removed.
16. Who should I ask if I still have
questions?
Have we answered all your questions about the
California Meal Premium?
Do you have an understanding of what your
supervisor’s responsibility is?
Do you have an understanding of what your
responsibility is?
If not, we encourage you to talk to your supervisor.
You can also ask your HR director for further
clarification.
