![]() ![]() The trial court ruled against Kenneth Cole Productions and, in part, awarded “an additional hour of pay” under California Labor Code section 226.7, and applied a 3 year statute of limitations to this award. The plaintiff, a store manager for Kenneth Cole, filed an individual wage and hour claim against his former employer seeking unpaid overtime and waiting penalties, as well as, meal and rest period and itemized pay statement violations, because he regularly worked 9 to 10 hour days and rarely took meal and rest breaks. The deadline (statute of limitations) to file claims under the California meal break laws have been affected by the Supreme Court ruling of Murphy v.Of course, a worker must be paid for the time spent working through their break. However, the employer may not pressure workers to skip breaks or undermine its’ break policy. If a meal break is provided but an employee chooses not to take it, the employee would not be entitled to the 1 hour penalty.It is a violation for an employer to have their employees take their break before or after their shift.“On duty” meal breaks are to be provided in a written agreement between employee and employer in which an on-the-job paid meal period is agreed to.“On duty” meal periods can only be provided if the nature of the work prevents an employee from leaving.“On duty” meal periods are those which work is still being performed and, therefore, is considered time worked.“Off duty” meal periods can be waived if the work day is not more than 6 hours long.The proper “off duty” meal period is one in which no work related tasks are performed.Two “off duty” 30 minute meal periods are to be furnished for those employees working over 10 hours in one day.An “off duty” lunch period of no less than 30 minutes should be provided after 5 hours of work. ![]() In other words, if an employee is not given a legally required meal break, the employer must pay the employee for 1 extra hour of pay at their regular pay rate: “If an employer fails to provide an employee a meal period in accordance with the applicable provisions of this order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each workday that the meal period is not provided.”Ĭalifornia Code of Regulations, Title 8, §11040. ![]() California meal break laws, which are just one part of the stringent California labor laws, in general, require that off-the-clock meal breaks are given to most employees working over a 6 hour day. ![]()
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