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What Is A Meal Break? What Is A Rest Break?
meal and rest breaks for salaried exempt workers California Labor laws state that employees who work for more than five hours have a right to breaks. However, the break conditions for each employee may be different, depending on the agreement you have with your employer. At Stop Unpaid Wages, we have a team of competent attorneys who will ensure that your employer does not violate your meal and rest breaks rights. The following article explains the concept of meal and rest breaks for salaried and exempt workers super lawyers employment law.
What is a Meal Break?
labor attorney california According to the laws of California, a meal break refers to an unpaid and uninterrupted period of at least thirty minutes that allows employees to spend time on personal businesses. The employer should allow their employees this free time without expecting them to perform any duties. However, meal breaks do not necessarily mean that the employee has to spend the free time that they are entitled to eating. They have a right to carry out personal errands during the period so long as they ensure that they get back to their duties on time. It is also of essence to remember that the timing and number of breaks that the employee is entitled to will differ. The timing of the meal breaks depends on the hours that the employee works and the agreements the person signed during employment. An employer upholds the law of the meal break when he meets the following specifications:
* They relieve the employee of all their duties during meal periods
* Permits the employee to have a meal break of at least 30 minutes uninterrupted
* They relinquish control of all the activities that the employee performs
What is a Rest Break?
The laws of California demand that it is the right of employees to have at least ten minutes rest for every four hours that they work continuously. The law, therefore, obligates the employer to provide this break so long as the employee meets these specified hours. During this break, the employer has to relieve the employee of all the duties that they perform. Additionally, the employer must provide suitable rest facilities where the employee can go to relax. The resting facilities are independent of the toilet facilities. Therefore, this means that toilet facilities do not count as rest facilities. However, it is of the essence for workers to know that unlike meal breaks, rest breaks are payable. Paid breaks mean that the ten minutes breaks allowed to the employees will still count as part of the working hours. Though the state provides for this break in the labor laws, the employee does not have an obligation to follow it. The code is only strict on employers; hence, they need to uphold it. Besides, an employer does not have the right to force an employee to take a break if they choose to skip it.
If your employer denies you the right to this break, you can consult our firm for legal advice on the action to take.
Understanding 'Salaried Workers'
According to California laws, salaried workers fall under two groups, i.e., exempt and non-exempt workers. To understand the two, we will discuss the two groups independently.
Exempt Workers
An exempt worker is an employee who is not covered by most California hour and wage laws. To qualify as an exempt worker, you must meet the following specifications;
Salary Requirement
An exempt employee should receive pay on a salary basis rather than an hourly wage. The state demands that the salary be at least twice the minimum wage for full-time employment. Full-time employment sums up to 40 working hours in a week. The amount received by full-time employees per hour may vary according to state and an employer's policies, subject to an increase every year. The current wage set in 2019 ranges between eleven and twelve dollars per hour. Therefore, the exempt workers' payment must be at least two times the wage of full-time employment. As of 2019, the salary of exempt employees for an organization with more than twenty-six workers falls at around $49,920. Additionally, the current wage for exempt employees working for an organization that has less than 25 employees is $45,760. |
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