The 12 Days of California Labor & Employment – Day 9 "Public Sector Health Care Workers and Required Meal and Rest Periods"

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this ninth day of the holidays, my labor and employment attorney gave to me: nine ladies dancing and SB 1334.

Meal and rest break rules and regulations in California are quite stringent. Generally speaking, an employer is required to provide an employee with a meal period during a work period of more than five (5) hours per day, with certain exceptions. An employer is also required to provide a ten (10) minute rest period for each four (4) hours worked. An employer is prohibited from requiring an employee to work during a mandated meal, rest, or recovery period. Further, if an employer fails to provide an employee with a mandated meal, rest, or recovery period—the employer must pay the employee one additional hour of pay at the employee's regular rate of compensation for each workday that the meal or rest or recovery period was not provided, with certain exemptions.

It goes without saying that the last few years have been quite challenging for health care workers. Health care workers worked long hours and were stretched probably as thin as ever before. This likely led to the creation of SB 1334. Prior to SB 1334, the above meal and rest period requirements did not apply to nurses employed in the public sector. It only applied to health care workers in the private sector. With SB 1334, nurses employed in the public sector now have the same meal and rest period benefits as private sector nurses.

SB 1334 officially expands meal and rest period requirements to public sector health care workers who provide direct patient care or support direct patient care in a general acute care hospital, clinic, or public health setting. As such, effective on January 1, 2023, qualified health care workers in the public sector will be entitled to:

• One (1) unpaid 30-minute meal period on shifts over five hours and a second unpaid 30-minute meal period on shifts over ten hours, as provided by specified existing law; and
• A ten minute rest period for each four hours or fraction thereof worked.

An employer who fails to provide such meal or rest period would be required to pay the employee one additional hour of pay at the employee's regular rate of compensation for each workday that the meal or rest period is not provided. However, there are certain situations wherein an employee may waive his/her right to those meal periods and/or receive any on-duty meal periods.

SB 1334 does not apply to employees covered by a valid collective bargaining agreement that provides for meal and rest periods and, if the employee does not receive a meal or rest period as required by the agreement, includes a prescribed monetary remedy.

Public sector health care employers should review their current policies regarding meal periods in addition to their timekeeping procedures to ensure they are ready to go as of January 1, 2023. Detailed record-keeping is the key to avoiding any meal or rest period violations. Human resource staff should be updated and trained on the new law to ensure the employer complies with providing the requisite meal and rest periods. An update to the Employee Handbook is also recommended as you want to advise employees what to do if they miss a meal or rest period. It is further recommended that each employee clock in and out for each meal period to ensure an accurate written record.