§ 512.1. — 512.1. (Added by Stats. 2022, Ch. 845, Sec. 2.)

California § 512.1.

• Jurisdiction: California
• Code LAB: Labor Code - LAB
• Div. 2.: DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION
• Part 2.: PART 2. WORKING HOURS
• Ch. 1.: CHAPTER 1. General

Text

(a)
An employee directly employed by an employer shall be entitled to one unpaid 30-minute meal period on shifts over 5 hours and a second unpaid 30-minute meal period on shifts over 10 hours, as provided by Section 512.
(1)
The employee may waive a meal period in accordance with subdivision (a) of Section 512 and paragraph (D) of Section 11 of Wage Order Number 4 or paragraph (D) of Section 11 of Wage Order Number 5 of the Industrial Welfare Commission.
(2)
On-duty meal periods may be provided in accordance with paragraph (A) of Section 11 of Wage Order Number 4 or paragraph (A) of Section 11 of Wage
Order Number 5 of the Industrial Welfare Commission.
(b)
An employee who is directly employed by an employer shall be entitled to a rest period based on the total hours worked daily at the rate of 10 minutes net rest time per 4 hours or major fraction thereof, as provided by Wage Order Number 4 and Wage Order Number 5 of the Industrial Welfare Commission.
(c)
If an employer fails to provide to an employee a meal period or rest period in accordance with this section, the employer shall 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.
(d)
This section does not apply to an employee directly employed by an employer who is 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 monetary remedy that, at a minimum, is equivalent to 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.
(e)
As used in this section:
(1)
“Employee” means an employee who provides direct patient care or supports direct patient care in a general acute care hospital, clinic, or public health setting.
(2)
“Employer” means the state, political subdivisions of the state, counties, municipalities, and the Regents of the University of California.
(3)
“General acute care hospital” means a health facility as defined in subdivision (a) of Section 1250 of the Health and Safety Code.

Legislative History

Added by Stats. 2022, Ch. 845, Sec. 2. (SB 1334) Effective January 1, 2023.