Rest and meal breaks are important for employee morale, health, and job performance.  If a worker is unable to eat during an eight-hour shift, there’s a risk of low blood sugar that can cause dizziness. It’s also hard to focus on work when your stomach is growling, and you haven’t had a break in hours. While breaks are essential, it doesn’t mean your employer is legally required to provide them to all workers. 

In the U.S., the Fair Labor Standards Act (FLSA) does not require an employer to provide meal or break periods. If rest periods are offered, they must be counted as hours worked per federal laws. Meal breaks are not counted as hours worked unless the employee is required to be at his or her desk or machine while eating. California laws may follow the FLSA in some cases, but it’s important to understand the myths about work time breaks and what the truth is.

Separating Fact From Fiction

California laws cover two things. You have rest breaks, which are 10-minute breaks where you can get up, stretch, and re-energize. You also have meal breaks, which are when you’re able to eat your meal. Rules are different for each one, and that can lead to myths.

Myth #1: All Workers Get the Same Rest and Meal Breaks in California

Most workers, and the emphasis is on “most,” get one interrupted meal break (unpaid) that lasts 30 minutes if a work day or shift is over five hours. If it exceeds 12 hours, two 30-minute meal breaks are legally required. Workers in the motion picture industry work no more than six hours before a meal break ranging from 30 to 60 minutes.

The reason we mentioned “most” workers is because there are exceptions to the rules. If it’s impossible to relieve a worker of all duties during a meal break, there can be a mutual agreement for an on-duty meal break. For example, you’re an overnight security guard and no one else works with you in that department. You can’t give up your post, so you’d have to eat while you work. If you have to eat while working, the meal break is paid.

There are also legally required paid rest breaks. You get 10 minutes for every four hours worked. Those breaks should be in the middle of the period or as close to it as possible. If a worker begins a shift at 8 a.m., a break around 10 a.m. is ideal.  If you’re not provided with a rest break, your employer is required to pay one hour’s wages for each day you are not given a break.

Exceptions to the rest break laws also exist. If you work on a commercial passenger fishing boat and are on an overnight trip, at least eight hours of time off during 24 hours is mandated in addition to rest and meal breaks.

Women who are breastfeeding a child have as many breaks as needed for expressing breast milk. Those breaks must be of a reasonable duration.

Myth #2: Once You’re on a Break You Cannot Be Interrupted

Ideally, you should take all 30 minutes of your meal break. If something happens that makes that impossible, such as a co-worker going home because of an illness leaving you alone at work, your break can be shortened by mutual agreement. Otherwise, you cannot be interrupted during your meal break.

Rest breaks are also free of interruption. Only in emergency cases should an interruption occur and only as a last resort. 

Myth #3: California Employers Aren’t Bound by Specific Timing of Your Break

California employers must provide breaks on a timely basis. Ideally, halfway through your work shift or hours you’ve worked. If you’re scheduled for a 10-hour shift, you’re entitled to a meal break halfway through. If you started at 9 a.m., five hours would bring you to 2 p.m. That’s a good time for a meal break.

You’re also entitled to a 10-minute rest break for every four hours worked. Ideally, the rest break should be in the middle of every four hours worked. For a 10-hour shift, you’d get two rest breaks because there are two four-hour periods.

Myth #4: It’s Legal for Your Employer to Make You Take a Break at Your Machine or Desk

The only situation where you can be required to take a break at your machine or desk is when there is no other worker to cover your work duties during your break. Even so, you still have to agree to eat your meal at your workstation. Your meal break also becomes a paid break.

Your employer cannot force you to take a rest break on the grounds or within the building. You’re allowed to go where you want, as long as you’ll return on time. If you want to run to the post office during your break, you’re entitled to do so as long as you get there and back within 10 minutes.

Myth #5: You Can Skip Breaks and Leave Work Early or Come In Late

Saving your breaks to leave work early or arrive late isn’t allowed. Your employer is legally required to provide these breaks during your shift or work day. Skipping them to alter your work day could land your employer in trouble for failing to provide the legally required breaks.

Myth #6: Bathroom Breaks Are Part of Your Rest Breaks

Bathroom breaks are not considered a rest break. Your employer cannot count a bathroom break as a rest break. If that’s happening, it’s a violation of your workplace rights. However, it is your obligation to make sure you’re not abusing bathroom breaks. They should be of a reasonable time and frequency. If you decide to use the bathroom during a rest break, you cannot use that as an excuse to extend your rest break.

What to Do if Your Employer Isn’t Following the Laws?

What if your employer is violating California’s labor laws? Keep records of all shifts where you were not provided with rest and/or meal breaks. If you’re comfortable talking to HR to voice your concerns, start there. If you’re not, that’s okay too. You can file a complaint with California’s Labor Commissioner’s Office or talk to an attorney specializing in California employment laws.

If you believe your workplace rights for meals and breaks have been violated, it costs nothing to ask for legal advice. Shegerian Conniff is happy to discuss your situation and determine if your employer followed California’s labor laws. You do not pay any money upfront, so there’s no reason to stand back and let workplace violations occur. We’re here to help you get fair treatment in the workplace. Reach us online or by phone.