As a business owner in California, ensuring compliance with the state’s stringent meal period laws is crucial to mitigate legal risks and avoid costly litigation. While the requirements may seem straightforward – provide employees with meal breaks – the reality is far more complex, and even well-meaning employers can find themselves facing disgruntled former employees alleging violations.
Under California law, employers must provide non-exempt employees working at least five hours per day with an unpaid, off-duty meal period of at least 30 minutes. During this time, the employee must be relieved of all duties and relinquish control over their activities. If an employee works more than ten hours in a day, an additional 30-minute unpaid meal break must be provided.
While it may seem that simply offering the opportunity to take a meal break should suffice, this is unfortunately not the case. California courts have placed the burden of proof on employers to demonstrate that they have complied with these requirements, leaving room for potential claims from employees who allege they were not provided ample opportunity for breaks.
Meal period violations are a common source of litigation, including costly class-action lawsuits. Even if an employer believes they have acted in good faith, once a lawsuit is filed, the costs of discovery and litigation often make settlement a more economical option, regardless of the merits of the case.
To avoid falling into this legal quagmire, it is crucial for employers to take proactive steps to ensure compliance and maintain proper documentation. Here are some best practices:
- Implement a written meal and rest break policy: Clearly outline the requirements for meal periods and breaks, and have employees acknowledge their understanding of the policy.
- Enforce the policy: If employees fail to clock out for meal breaks, issue disciplinary action for non-compliance.
- Compensate missed meal periods: If an employee works through their meal period, compensate them at their regular rate for the 30 minutes worked, plus an additional hour of pay.
- Maintain accurate records: Keep detailed records of meal periods taken or missed, including any disciplinary actions or compensated missed breaks.
While it may seem onerous or expensive for small business owners, adhering to these practices is far less costly than defending against employment litigation surrounding meal period violations.
It is important to note that while California law allows employees working no more than six hours to waive their meal period by mutual agreement with the employer, this practice is often not advisable, particularly if the waiver is retroactive.
By implementing a comprehensive meal and rest break policy, consistently enforcing it, and maintaining accurate records, employers can demonstrate compliance and significantly reduce their exposure to costly litigation.
Protect your business. Contact Bayside Counsel today for a free consultation with an experienced small business attorney to ensure that you have the policies and procedures that your company needs in order to demonstrate meal and rest break compliance.