![]() So, if an employee doesn't receive a full meal break, the employer will need to pay the employee a one-hour premium. A second break must be provided after 10 hours but can be waived if the employee works no more than 12 hours and the first break was taken. In limited circumstances, an employee may be permitted to have an "on-duty" meal period, but the time must be paid at the worker's regular rate of pay.Įmployees are entitled to one hour of pay for each day a meal period rule wasn't followed. Must receive a 30-minute unpaid meal break for every five hours they work they can waive their right to take a meal break only if they work no more than six hours. ![]() "It provides a clear direction that any kind of rounding practice related to recording meal periods is prohibited." "The ruling is significant," said Mark Payne, an attorney with Troutman Pepper in Orange County, Calif. 25.Īdditionally, the court said, if time records show evidence of noncompliant meal periods, the court will assume a violation was committed unless the employer proves otherwise. ![]() "The meal period provisions are designed to prevent even minor infringements on meal period requirements, and rounding is incompatible with that objective," wrote Justice Goodwin Liu for the California Supreme Court on Feb. California employers are prohibited from rounding time-clock punches for employee meal periods, according to a recent ruling by the state's high court.Įmployees in the Golden State generally must receive a 30-minute unpaid meal break for every five hours they work.
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