REST BREAKS
You’re entitled to a 10-minute (your Union contract may provide for 15), paid, duty-free break for every four hours worked, or major fraction thereof.
- Your break is NOT duty-free if your break is interrupted or if, for example, you’re required to carry a Vocera or other device with the expectation that you respond to any communication while on your break.
- It’s a violation for management to pressure you to skip a rest break or for failing to provide adequate relief to take your break.
MEAL BREAKS
You’re entitled to a 30-minute, uninterrupted lunch break prior to the 5th hour of work. For shifts lasting longer than 10 hours you are entitled to a second, 30-minute, unpaid, uninterrupted lunch prior to the 10th hour.
- Meal period waivers are invalid if not in writing and signed by both you and the hospital. You may only waive one meal period in a shift lasting longer than 10 hours.
- Employer may not require you to stay on the premises for meal breaks.
- It’s a violation for management to pressure you to skip a lunch break or for failing to provide adequate relief to take your lunch.
For RNs, the California Department of Public Health (CDPH) requires that when you take a break during a shift, the hospital must provide coverage for your patients during this time.
When a Charge Nurse takes on Break Relief, they must be present and available to continue the care of the reassigned patients. When providing Break Relief, the Charge Nurse must be relieved from performing Charge Nurse duties.
According to Title 22 (section 70217), only RNs providing direct patient care shall be included in the ratios. Title 22 (section 70215) further requires that the assigned RN shall directly provide on-going assessments and all other elements of the Nursing process.
PAY FOR NON-COMPLIANT MEAL AND REST PERIODS: The hospital must pay you one hour of your regular rate of pay for failing to provide a compliant meal period(s) per shift (i.e., late, no lunch break, interrupted or on-premise meal periods). The hospital must also pay you one hour of your regular rate of pay for failing to provide a compliant rest break(s) per shift (i.e., no break not
duty-free or interrupted).The hospital will owe you two hours of penalty pay at your regular rate of pay for a shift that violates your (i) meal period (1 hour penalty pay) and (ii) rest period (1 hour penalty even if more than one is missed). This is the remedy mandated by the California’s Division of Labor Standards Enforcement (DLSE).
What to do if you don’t get a Rest Break or Meal Period:
- Submit your hospital’s missed rest break/missed meal reporting form. Make a copy or take a picture for
your records. - Don’t be intimidated by management. They may try to make you feel that it’s your fault that they failed to offer a break/lunch, but they are legally required to offer uninterrupted breaks and meal periods.
- If your employer fails to provide legally compliant meal and rest breaks, or you’re interrogated or retaliated against in any way for submitting a missed break/meal period form when your employer has not offered a legally complaint break/lunch, in addition to contacting your Union Representative, you can file a wage claim online at:
https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm
or contact the Labor Commissioner’s district office nearest you at: https://www.dir.ca.gov/dlse/DistrictOffices.htm
For questions or more information, please contact a Steward or look up your Union
Rep/Organizer here:
www.seiu121rn.org/our-hospitals/
