California has developed a trend towards litigation regarding employee’s meal breaks. A federal judge allowed an award of $1.5 million dollars to employees of Terminix for overtime and missed meal breaks.
Though federal law does not dictate meal breaks, states have enacted laws requiring employees to have the opportunity to rest.
Two new California cases touch on a slightly different issue: whether the employer must ensure that the breaks are taken, rather than just making the break available. While the appellate court in California has ruled that employers do not have to ensure that employees are taking breaks, that holding is subject to change.
In Massachusetts, the law mandates that employers are subject to a break of at least 30 minutes for every six hours worked. According to the statute, fines can range from $300.00 to $600.00 for failure of a supervisor to allow for a meal break. Although this statute does not create a private right of action, employees may still bring suit for breach of contract against the employer for failure of contractual duty to provide meal breaks.
Several exemptions exist for certain types of work for the continuous nature of their processes. These jobs include iron works, glass works, paper mills, letterpress establishments, print works, bleaching works, or dyeing works. Collective bargaining agreements may also be reached regarding time for meal breaks provided that it does not cause injury to those affected by the agreement.
Photo credit: Microsoft
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