TIRED and hungry employees will be less productive and efficient. Not only that, employees who are not provided an opportunity to eat and rest in the middle of their work will find that not being able to eat or use the restroom have impacted their health. Hence, there are various laws that address the most basic needs of employees to protect their health and safety.
Foremost of these is the requirement to provide employees with meal and rest periods. Under the law, a 30-minute uninterrupted meal period must be provided to employees for every 5 hours of work. The law also states that rest breaks must be provided in 10-minute duration for every 4 hours of work, or major fraction of 4 hours. The time allotted for rest breaks is counted as minutes or hours worked and are paid.
Employers should not require any employee to work during the designated meal or rest period. If an employer fails to provide an employee a meal period or rest period in accordance with the law, the employer shall pay the employee one additional hour of pay at the employee’s regular rate of compensation for each work day that the meal or rest period is not provided. If an employee was not provided both a meal and a rest period, the employee is entitled to two hours of payments per work day – one for each type of violation.
Meal break facilities
If employees are required to eat on the premises, a suitable place for that purpose shall be designated.
If a meal period occurs on a shift between the hours of 10 pm and 6 am, facilities shall be available for securing hot food and drink or for heating food or drink, and a suitable sheltered place shall be provided in which to consume such food or drink.
Resting facilities and seats
The law generally requires employers to provide resting facilities, which must be
a) separate from the toilet rooms, and
b) available to employees during work hours.
Suitable seats must also be provided to all working employees when the nature of their work reasonably permits the use of seats. Furthermore, an adequate number of suitable seats must be placed near the work area of employees whose work requires them to stand so they may use the seats when they are not actively working. However, employees need only be permitted to use the seats when it does not interfere with the performance of their duties.
Change room and lockers
With minor exceptions, the law requires employers to furnish employees with suitable lockers or closets for the safekeeping of their outer clothing. Moreover, if the employees’ occupation requires them to change clothing, they must generally be provided a room or space for changing that affords them reasonable privacy and comfort. Such rooms or spaces must be separate from toilet rooms and must be kept clean.
Lactation accommodation
The law requires employers to provide a reasonable amount of break time to accommodate employees who desire to express breast milk for their infant children. If possible, the break is to run concurrently with break time already provided. Break time that does not run concurrently with rest periods authorized by the law can be unpaid. Employers must make reasonable efforts to provide the employee with the use of a private area, such as a room or other location, close to the employee’s work area to express milk. It can be the place where the employee normally works if it is private. A toilet stall is not sufficient. A civil fine of $100 can be imposed for each violation.
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C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully obtained significant results, including several million dollar recoveries for consumers against insurance companies and big business. He is a member of the Million Dollar-Advocates Forum—a prestigious group of trial lawyers whose membership is limited to those who have demonstrated exceptional skill, experience and excellence in advocacy. He has been featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements for his professional accomplishments and recipient of numerous awards from community and media organizations. His litigation practice concentrates in the following areas: serious personal injuries, wrongful death, insurance claims, unfair business practices, wage and hour (overtime) litigation. You can visit his website at www.joesayas law.com or contact his office by telephone at (818) 291-0088.
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