California’s penalties for rest-break violations are steep. California employers that fail to provide compliant breaks face multiple layers of exposure, including one additional hour of pay at the employee’s regular rate of pay for each workday a compliant rest or recovery period was not provided, a potential penalty for related wage statement violations under Labor Code section 226 (subject to defenses, such as a good-faith compliance belief), a potential waiting-time penalty under Labor Code section 203 at separation potentially amounting to up to thirty days of the employee’s daily wage rate (again, subject to a good-faith defense), and attorneys’ fees on rest break claims.

• California employers face steep penalties for failing to provide compliant rest breaks, including additional pay, potential wage statement violations, waiting time penalties, and attorneys’ fees.
• The high penalties reflect the consensus among the legislature, courts, and labor commissioner that rest breaks are essential for employee health, safety, and productivity, benefiting both employees and employers.
• Employers may want to ensure they adopt clear policies, ensure breaks are duty-free, accurately calculate premiums, document compliance, eliminate discouraging practices, train managers, and conduct audits to manage litigation risks.

Why are the penalties so high? Some may claim that it just reflects a strong plaintiffs’ lobby in Sacramento. But for California employers that need to train their...

Read Full Story: https://news.google.com/rss/articles/CBMiwAFBVV95cUxPUzM3NFloX18zRTRVUF81d1F1...