San Diego Wage and Hour Employer Defense Attorneys

The laws governing meal and rest break payment requirements are governed by the Fair Labor Standards Act (FLSA) and California wage and hour law.   California’s laws are more favorable to employees, and California and San Diego employers must be especially vigilant in their understanding and application of these wage and hour laws.  The experienced employer focused business and employment attorneys at the Watkins Firm have decades of experience helping area employers to develop employment contracts, payment strategies, policy and procedure manuals and all employment related documentation required to meet federal, California and local San Diego laws

Non-exempt workers are entitled to a 30 minute meal break if they work more than 5 hours in a workday, and 10 minute rest breaks for every 4 hours worked.  If the employee is not relieved of all work related duties during the 30 minute meal period, they must be paid for the time in full.

If you, as an employer, fail to pay you employee for their meal break, the employee is eligible to collect one full hour of pay for each meal break they missed, each day this occurred.  You are allowed to require that the employee remains on the premises during the meal break, but this denies the employee of “time for their own purposes,” and as they remain under your control (by law) they must be paid a full hour for the meal break.  The failure to comply with these California laws exposes your company to a wage and hour dispute, and the genuine risk of litigation and substantial economic penalties.

We often recommend that all non-exempt employees are completely relieved of their duties during meal breaks and rest periods.  Employment policy manuals should clearly explain this policy.  Non-exempt employees should not be permitted to eat at their desks, take phone calls, or receive input or direction from management while they are clocked out for their meal or rest.

Protecting California Employers From Exposure to Wage and Hour Related Penalties

The requirements are too exhaustive to list here, and the Watkins Firm counsels our business clients to ensure that policies related to meals and rest breaks conform with California and federal laws.  More importantly, we work with our business clients to prepare them to defend themselves before California’s Labor Board and protect themselves from employees making claims and submitting records that contradict your company’s own time cards and employment records.

You may think your time cards are a legal, court-admissible document, but this is far from the reality of California hearings.  It is important for you to contact the Watkins Firm prior to any appearance before the California Labor Board or any California State agency.   We will help you to prepare for your hearing, and increase the likelihood of a successful outcome.

We provide general business counsel to all of our clients regarding “best practice” employment guidelines.  Examples of these include, but are not limited to:

• Ensure that policy and procedure and employee manuals contain clear language that prohibits non-exempt employees from working “off the clock” for any reason, whatsoever, without advance expressed written approval by management.
• Designate a separate space for employee meal and rest breaks that is free of phones or electronic communications. Ensure that management posts break and lunch schedules, and monitor to ensure that employees take their breaks and that other employees and managers do not interact with an employee who is on meal or rest break.
• Include a mandatory declaration, under penalty of perjury on each and every time card, signed by an employee prior to submission for payment, that specifically states that the employee swears that the time recorded and submitted reflects a total, complete, accurate and honest report of ALL HOURS WORKED for the company for that period of time.

Protect Yourself and Your Company From Disputes Related to Meal Break and Rest Break Employment Law Compliance

Your present and past employees can bring an action against you at any time, even after they leave your employment for months.  California’s Labor Board and Courts tend to side with the employee.  It is important to take every reasonable step to document all terms of employment, wage and hour requirements, and to clearly document and enforce employment policies on overtime, as well as meal breaks and rest breaks.

The experienced wage and hour attorneys at the Watkins Firm work with our clients to develop and implement sound employment contracts, trade secrets and comprehensive employee handbooks and policy and procedure manuals.  Employment related disputes and litigation can rapidly become quite expensive, and many businesses are unable to survive a substantial wage and hour dispute or litigation.  We invite you to contact us, or call 858-535-1511 to learn about all that is required to come into and remain in compliance with all federal, California and local employment laws.