Under the Golden State’s employment regulations, employees have the right to undisturbed meal and rest breaks. However, the treatment of on-call employees during these breaks raises significant questions about compliance and compensation.
Specifically, should on-call employees interrupted during meal and rest breaks be paid for their time? The answer is a resounding yes. Legal precedents and labor regulations uphold their right to compensation when their breaks are disrupted.
Meal and rest break laws in the Golden State
State law stipulates that employees have a 30-minute unpaid meal break every five hours they work during a shift. Additionally, employers are to grant employees a 10-minute paid rest break after every four hours of work. These breaks must be free from work duties. This means the employee cannot be required to respond to work-related demands during this time.
The law is designed to help ensure employees have time to rest and recharge. This is to safeguard their physical and mental well-being. Interruptions during these breaks undermine this purpose and often require employers to provide compensation.
Why on-call interruptions constitute work
The reality is that most on-call employees are often required to remain available to respond to work-related needs. Unfortunately, this obligation can extend to some employees’ meal and rest breaks. This effectively converts what should be personal, uninterrupted moments into work hours.
Suppose an employee’s meal break is cut short because their employer requires them to respond to a work-related issue; the employee should expect compensation for working on their break. Furthermore, if the interruption prevents the employee from completing a 30-minute uninterrupted break, the employer must pay a penalty equal to one hour of the employee’s regular pay.
On-call employees in California deserve fair compensation when their meal and rest breaks are disrupted. Employees whose meal and rest breaks have been interrupted by work-related duties can benefit from legal support as they pursue the compensation they’re owed.