California's 5 Hour Lunch Rule

U.S.A. California

Published

Hello Fellow nurses from California,

I have a question. There is an issue going on in my hospital at the moment and I wanted to find out how you guys were handling it in your facilities.

There is a labor law in California which states an employee must take their meal break (30 minutes) before the end of the 5th hour of work.

Are you guys following that rule in your hospitals. What is happening at my hospital is the following:

They are asking all nurses to start their breaks as early as 9am or 9pm. We all know that is almost impossible to take a lunch in the first four hours of work. That is when assessments, meds, admissions, and treatments happen.

In some instances, we have been told to start taking our breaks at 0730... which is absurd. We haven't even assessed our patients by then.

As an example, we have a unit that has a core of 8 nurses. that is four hours of lunch breaks, we have no choice to start breaks at 0730 or 0800. Management and HR is telling us that we can voluntarily decline to take a lunch that early (and put it in writing), but that means you have the chance of not taking a lunch break at all if it get's busy. But hey... that's ok because we have 3 15 minute breaks which we all take right? :sarcastic:

Are any of you guys experiencing this issue?

Specializes in ICU/PACU.

There has to be a way around the 5 hour rule. I tried to search for it because there are many websites devoted to this CA law, but no such luck!

I've worked at dozens of CA hospitals as a traveler and can tell you the majority follow the rules, but there are some that don't and I'm happy to see them getting in trouble for it.

I'm sure there is, but I have not found any. Like I said, I've heard that Police Officers for example are exempt from that law. I think the company has to have the employee sign a waiver, but HR has denied that option. I don't know if it's true or not.

I have seen that hospitals who are able to follow this rule have resource/relief nurses for lunches in addition to the charge nurse. I will bring up that idea to upper management and see what they say.

Division of Labor Standards Enforcement (DLSE)

Law section

These sites from the CA labor board and the CA legislature might help.

Specializes in Post Anesthesia.

All depends on how you define "Lunch Break". Many units I've worked just pick some 30 minute period, somewhere in your shift(why not in the first 5 hrs) and didn't pay you for it. "Meal Break"? I'm sure something got into your mouth-a drink of water, a pen, some random secteation that happened to fly in... Presto- lunch break has been taken. If you choose to VOLUNTEER to continue providing for your patients needs rather than get hopelessly behind on your care- that's your choice, but if you insist- it's OK with the hospital.

Specializes in Family Practice, Mental Health.

I work 12 hour shifts in a hospital in California. As a 12 hour employee, we all sign waivers for the 5 hour lunch rule. This means that we do NOT have to go to lunch within 5 hours, and many times we will take lunch around 1 or 2 pm. (which is fine by me) This is not the case for those still working 8 hours shifts. They are mandated to be off the clock by 5 hrs and 59 minutes from the start of their shift.

Specializes in nurseline,med surg, PD.

You get breaks???

Specializes in Family Practice, Mental Health.
You get breaks???

Of course we get breaks - this is California LOL.

Three fifteen minute breaks and one thirty minute lunch break for a 12 hour shift. We even have a break RN (or two) that have no other function than to go around and relieve nurses on the unit all day long.

If we miss any breaks or lunches, we have to fill out a form and submit it to payroll for payment for “Missed lunch/break”. The facility gets fined time and a half for missed break/lunch. It’s NOT cost effective for them to have to pay 15 or so nurses every day, every shift for missed lunches/breaks.

Three fifteen minute breaks at time and a half = 1.5 hours of pay

One half hour lunch at time and a half = 1.5 hours of pay

times 15 nurses = 45 hours of pay every shift.

Not cost effective at all for the facility to just say “too bad, you’ll just have to miss your breaks today”.

Specializes in nurseline,med surg, PD.

In my entire career I have NEVER got that many breaksm

Specializes in Family Practice, Mental Health.
In my entire career I have NEVER got that many breaksm

Come to the dark side......we have milk and cookies :)

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