Most employers are familiar with the general laws that require them to provide their employees with 30 minute lunch break. What many employers do not know is that their employees are entitled to a second meal break if the employees work more than 10 hours in a given day.
California Law on Two Lunch Breaks
California Labor Code §512(a) states in relevant part,
An employer may not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and the employee only if the first meal period was not waived.
Unfamiliarity with the above rule can get employers in trouble. Imagine the following scenario: An employee works an extra two hours on a Friday evening so as to ensure that a project is completed before the weekend. At 7:01 pm, the employee tells his employer that the project is finished and that the employee is leaving to see a 7:30 showing of the latest summer blockbuster.
In the above scenario, the employee worked ten hours and one minute in a given day. Thus, the employer must offer the employee a second meal break. The obligation to offer the second meal break is not excused by the fact that it is obvious that the employee would rather go to the movie than sit around the break room for an additional half hour. California law provides no exception for summer blockbusters.
Consequences of Failing to Offer a Second Lunch Break
Failure to offer second meal breaks can result in serious consequences to employers. An employer must pay an additional hour of premium pay for every meal break his employees miss. If the employer fails to pay the additional hour of premium pay, the employer becomes subject to penalties and runs the risk of a lawsuit which will almost certainly ask for attorneys’ fees.
For more information on this and other employment-related topics, contact the experienced employment attorneys at JBB Law.