The California Supreme Court recently ruled that premium pay owed to employees whom an employer requires to work during their breaks is a form of “hardship” pay that generally must be paid upon termination of employment and recorded on an employee’s wage statement. If not, an employer is subject to statutory penalties. Those premium payments are a form of wages, said the court, “subject to the same timing and reporting rules as other forms of compensation for work.”
Basics of California breaks
Non-exempt California employees — that is, not exempt from overtime pay rules — generally must be provided breaks during their shifts.
Employers must authorize and permit their employees to take paid ten-minute rest periods for every four hours worked or major fraction thereof. Such rest periods should be, if practical, in the middle of each work period. An employer need not authorize a rest period for workers working fewer than 3 hours in a day.
Non-exempt employees are entitled to an off-duty, unpaid, uninterrupted 30-minute meal period for shifts over five hours. California law allows on-duty meal periods if “the nature of the work prevents an employee from being relieved of all duty,” but only if the employer and employee agree in writing to an on-the-job meal period. The agreement must state that the employee may, in writing, revoke their consent.
Where an employer requires an employee to work through all or part of their breaks, Labor Code section 226.7 requires the employer...
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