©2023 Seyfarth Shaw LLP www.seyfarth.com 2023 Cal-Peculiarities | 283 7.25.11 Scheduling and Work Quotas LC § Description Penalty 226.7 Meal/Rest/Recovery Periods. Employers must not require employees to work during any meal or rest or recovery period mandated by state law and must pay employees “one additional hour of pay at the … regular rate … for each workday that the meal or rest or recovery period is not provided.” A mandated rest or recovery period counts as hours worked for which there can be no deduction from wages. That is, recovery and rest breaks must be compensated as hours worked. Exception: exempt employees. LC 226.7(c): one hour of pay; LC 2699 512 Mandatory Meal Period. Employers must provide a 30-minute meal period if employee works more than five hours, though parties can waive meal period where total work period does not exceed six hours. Employers must provide second meal period if employee works more than ten hours, though parties can waive second meal period by written agreement where total work period does not exceed 12 hours and where the first meal period was not waived. LC 226.7(c) LC 558 551, 552 One Day of Rest in Seven. Employers must not cause employees to work more than six of seven days. Days of rest may be accumulated throughout the month if all rest days are given in the month. Exceptions(sections 554, 556): emergencies, work to protect life or property from loss, certain railroad-related work, certain agricultural work, employees who work less than six hours daily or 30 hours weekly. LC 2699 850854 Pharmacy Workers. Employees who sell drugs or medicine at retail locations or who compound physician’s prescriptions must not work more than an average of nine hours per day, or for more than 108 hours in any two consecutive weeks or for more than 12 days in any two consecutive weeks. Except on Sundays and holidays, and except for a meal period (not more than one hour), the hours of work permitted per day by this chapter shall be consecutive. Exceptions: hospitals employing one person to compound prescriptions; “emergencies” that involve accident, death, sickness or epidemic. LC 2699
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