![]() If the employee answers the question as “No” they were not provided with the required breaks, the missed break premium pay will be applied to their timesheet. The question for missed meal breaks will pop up on clock out for any shift of 5 hours or longer.The question for missed rest breaks will pop up on clock out of any shift of 3.5 hours or longer.IMPORTANT: Do not change the settings of the attestation question from the default or this feature may not function correctly. To enable you to comply with the missed break premium pay component of the California Labor Law, Deputy uses attestation questions when employees clock out of any shift where a rest or meal break was required. Employees will receive 1.5x their hourly rate of pay for hours worked on any public holidays designated as such by the employer in the schedule.A split shift is two shifts in one day that are separated by more than 1 hour of unpaid time. Employees who earn the minimum wage will receive additional pay known as a “split shift premium” when their schedule includes a split shift.If waived, employees are not entitled to any penalty pay. If the shift is greater than 5 but less than or equal to 6 hours, employees may waive the meal period.If they fail to do so the employer must pay the Employee one extra hour of pay at the Employee’s regular hourly rate. Employers of California employees must provide a 30-minute meal period for every 5 hours worked or major fraction thereof.Employers of California employees must provide a 10-minute paid rest period for every four hours worked or major fraction thereof.DO NOT CHANGE THE ATTESTATION QUESTION DEFAULTS OR THIS FEATURE WILL NOT FUNCTION PROPERLY. Triggers on shifts of 5 hours or longer (without meal break waiver) or longer than 6 hours (with meal break waiver) if employee answers 'no' to meal break attestation question at clock off. Triggers on shifts that are 3.5 hours or longer in length if employee answers 'no' to rest break attestation question at clock off. Triggers when an employee works a split shift (two shifts in one day that are separated by more than 1 hour of unpaid time).Įqual to 1 hour at employee's base rate of pay Triggers Triggers on any public holiday designated by the customer on the Deputy roster Triggers on all hours worked over 8 on the 7th consecutive day in a week Triggers on the first 8 hours worked on the 7th consecutive day in a week Triggers on all hours worked above 40 in a week Triggers on all hours worked above 12 hrs per day (on the first 6 working days in a week) ![]() Triggers on all hours worked between 8-12hrs per day (on the first 6 working days in a week) Triggers when no other pay condition is met Pay Conditions in Deputy's California Labor Law Pay Rules In the event that an employee is entitled to 2 meal breaks, they are only entitled to waiving one and must take the other. Note: In the California Labor Law with Meal Break Waiver version of the pay rate, the meal break attestation question will not be asked unless the shift is longer than 6 hours. Similarly, if the total hours worked is no more than 12 hours, the second meal break may be waived only if the first was not waived. If the total work period per day for an employee is no more than 6 hours, the meal break may be waived by mutual consent of both the employer and the employee. BackgroundĬalifornia law allows employees to waive (agree not to take it or receive any penalty pay for missing it) meal breaks for shifts of 6 hours or less, or waive second meal breaks for shifts of 12 hours or less. California Labor Law without Meal Break Waiverīoth pay conditions are identical with one exception, the California Labor Law with Meal Break Waiver version of the pay rate is designed for use with employees who have signed a meal break waiver and will only apply a missed meal break premium for missed meal breaks on shifts of 6 hours or longer in length.California Labor Law with Meal Break Waiver.The Deputy pay rule library offers two versions of California labor law:
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