Employees of all stripes have certain rights with regard to breaks and paid sick leave. When employers fail to provide the required breaks and/or leave, a knowledgeable employment attorney can help ensure you enjoy the benefits required by law.

Breaks During the Work Day

California labor law requires employers to provide an employee a meal period or rest period. A 2012 California Supreme Court ruling provided specificity to that law, ruling that employers are required to “…relieve employees of all duty, relinquish control over their activities, and permit them a reasonable opportunity to take an uninterrupted 30-minute break.”

The case involved Brinker Restaurant Corporation, Brinker International, Inc, and Brinker International Payroll Company, L.P. The claim was that Brinker either failed to provide breaks, or required employees to take “early lunching” followed by six to eight hours of shift work with no breaks. It resulted in Brinker paying out a $10 million settlement to employees who claimed to have suffered between 1999 and 2001.

While the court did require a work-free break be provided, it did not require employers to ensure that no work occurred during the break. In other words, if employees chose to work during a break it was not the employer’s responsibility to clamp down on that work.

Breaks must, however, allow for employees to leave the premises. Otherwise, the law does not consider it a legitimate break. The law provides for one hour’s pay at an employee’s regular wage for every missed off-duty break.

On the other hand, a voluntary agreement may be signed for on-duty meal breaks, provided the breaks are paid and the type of the work being done fits with criteria set out by the law. An employee may revoke this agreement at any time.

Mandatory Paid Sick Leave

In 2014, lawmakers in California determined that many California workers had inadequate paid sick leave. Hence, legislation was enacted to provide workers with paid time off to deal with the health care needs of themselves and their families. The rationale was that when workers had paid time off when ill, they would recover more quickly and would be less likely to spread illness to fellow workers and/or the public.

As of 2014, California employers are required to provide one hour of paid sick leave for every 30 hours worked, with no less than 24 hours of sick leave per year. Sick days may be used after 90 days of employment. The responsibility for enforcement of this law lies with the California labor Commissioner, who must investigate potential violations and impose fines on behalf of employers whose rights have been violated. [Read more…]