Employees in California have a right to rest and meal periods during the work day. These breaks are important for employees so that they have time to eat and rest as needed, which helps prevent injuries. For every four hours worked, employers must permit employees a 10-minute rest period. Employers must provide employees with a meal period of at least 30 minutes for every 5 hours worked. In rare instances, when an employee works six hours or less in a day and the employee agrees, the employer does not need to provide the employee with a meal period. Employees must be relieved of all job duties during rest and meal periods. When an employer fails to provide rest and meal periods as required by law, the employer must pay the employee one hour of additional pay for each rest and meal period missed.
AWHP advocates have been at the forefront of the struggle to ensure that farm workers are given proper rest and meal periods. Frequently, however, workers are not given appropriate breaks. For instance, sometimes foremen, called mayordomos, insist that farm workers finish harvesting long rows before taking breaks or meals, or employees paid according to how much they pick are under so much pressure to work fast that they do not have time to take breaks. When this happens, farm workers are at risk for injury and heat illness. AWHP advocates help protect workers by monitoring conditions in the fields, educating workers about their rest and meal period rights, and by providing advice and representation to workers whose rights have been violated.
Employees who are not receiving all rest and meal periods as required by law or who have been retaliated against for requesting rest or meal periods may contact CRLA or CRLA Foundation offices for assistance, or may file a claim with the California Labor Commissioner. |
