Meal Break Rules in Cali?

diane227, LPN, RN · Mar 26, 2009

It depends. Our union contract states that in a 12 hour shift the staff member must be given a 30 minute lunch break for be paid for the break time that they missed. We are also offered 2 15 minute breaks during the 12 hours. Most of the staff do not get their 15 minute breaks so on our floor we combine and give a 45 minute lunch.

Labor laws usually make the stipulation that an employee will be offered a lunch break during an 8 hour shift. If they don't get a break, then they are to be paid for that time.

abbaking · Mar 26, 2009

Hello. I am in SoCal. In terms of meal break after 1630, you can still take it or waive it. However if you waive your meal break, you with get "W" time (compensation for not taking a meal break) and that is a BIG strike against you. The county I live in (San Bernardino county) requires meal breaks within certain set timeframes.

Hard to explain without using a diagram

In a nutshell, take the break IF you have a chance

flg8tr · Mar 26, 2009

here in san francisco you get paid penalty pay for missed breaks, so long as you make sure to fill out the appropriate form and let the house supervisor know.

BradleyRN · Mar 26, 2009

there are no break nurses on the unit

"Break Nurses"....what a dream! California is so great!:)

APRN., DNP, RN, APRN, NP · Mar 26, 2009

According to California labor law, a meal break must be started before you've been at work for 5 hours.

Here is a link: http://www.gotmealbreaks.com/

..............Another common violation by employers is to have the employee take the break at the beginning or end of the shift. For instance, they have the employee just work 7 1/2 hours and then take their lunch break for 30 mins. Rather than return after the 30 mins, they just have the employee go home. This policy is clearly illegal because the law states that you can not work more than 5 hours without a meal break. Thus, if you work 7 1/2 hours without a break, it does not matter if you could take one before or after you clock out -- it is still illegal. Only bona fide meal breaks that occur at least every 5 hours are allowed under the law.

.........................No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than 30 minutes, except that when a work period of not more than six (6) hours will complete the day’s work the meal period may be waived by mutual consent of the employer and the employee. Unless the employee is relieved of all duty during a 30 minute meal period, the meal period shall be considered an “on duty” meal period and counted as time worked. An “on duty” meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty and when by written agreement between the parties an on-the-job paid meal period is agreed to. The written agreement shall state that the employee may, in writing, revoke the agreement at any time. California Code of Regulations, Title 8, 11040

APRN., DNP, RN, APRN, NP · Mar 26, 2009

California.........Where "Nurses" REALLY ARE "Nurses" (We have a law that only nurses can call themselves nurses - or face prosecution).......Where meal breaks rule the land, or the employer pays through the nose...............Where patient ratios promote patient safety.

I want this for all of America. Why does this only have to be the case in California?!! It just peeves me that other states don't have these same conditions for their nurses.

Valerie Salva, BSN, RN · Mar 26, 2009

California.........Where "Nurses" REALLY ARE "Nurses" (We have a law that only nurses can call themselves nurses - or face prosecution).......Where meal breaks rule the land, or the employer pays through the nose...............Where patient ratios promote patient safety.
I want this for all of America. Why does this only have to be the case in California?!! It just peeves me that other states don't have these same conditions for their nurses.

I am so jealous. It seems that despite the CA Hospital Association's loud protestations to the contrary- the improved working conditions in Cali seem to have ended the "shortage" there.

I really wanted to work med/surg as an RN, but being given 9-13 really ill pts to care for alone in another state drove me out of the hospital. I would never consider returning- unless I lived in Cali. :)

abbaking · Mar 26, 2009

California Nurse-to-Patient ratios also have unforeseen consequences. Just because I live in a state where there are state mandated ratios, does not mean its happy go lucky 24/7. In terms of meal break, If an employee waives both of there oppurtunites for meal breaks (12 hour shift employees), the employee is paid for the lunch period (penalty pay). This is a state law that the employer must pay for there waived lunch from its own financial assets....So it may see like a nice bonus but its a trap and you are digging yourself a grave if you dont take any meal breaks

cruisin_woodward · Mar 26, 2009

Say you work a 12 hour shift... there are no break nurses on the unit, you work until 430pm before you are offered a break. I said "at this point, i've already been here since 0700 without a break, breakfast, potty, etc... so why should I go now?" and was told to sign the meal waiver paper.
Don't they *have* to send you to lunch before your 8 hour mark, legally?
If they cant give that to you, and its already time to start finishing up for the shift, is it right to not get paid for missing lunch if they didn't offer you anything until the end?
what is the law on this? of course people are going to say "well, nursing is different, and you have to be flexible..." and usually I am, but I am curious what the legal standard is on this one...
ideas?

We just had a conversation about this at work so I looked it up...in Michigan, there are no break laws! Only law pertains to workers age 14-17...anyone over 18, the employer is not required to provide ANY breaks! And people are opposed to unions?

Valerie Salva, BSN, RN · Mar 26, 2009

It is true that some unions have hurt some industries- but (and this is a big but) employers who treat employees equitably and fairly do not attact unions. Employees who feel valued and well-treated do not want to join unions. Employees who are well treated do not feel the need to protest, carry signs, join the CNA, or bring about ratio legislation.

When unions come in ,and ratio legislation is drafted, employers have no one to blaim but themselves.

RNKPCE · Mar 26, 2009

California Meal Breaks

California labor law requires that employees periodically be allowed to take meal breaks. Specifically, the law requires:

No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than 30 minutes, except that when a work period of not more than six (6) hours will complete the day's work the meal period may be waived by mutual consent of the employer and the employee. Unless the employee is relieved of all duty during a 30 minute meal period, the meal period shall be considered an "on duty" meal period and counted as time worked. An "on duty" meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty and when by written agreement between the parties an on-the-job paid meal period is agreed to. The written agreement shall state that the employee may, in writing, revoke the agreement at any time. California Code of Regulations, Title 8, 11040.