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Hours Worked: California

Hours Worked requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Jennifer K. Achtert, Fisher Phillips

Summary

Hours Worked

Hours worked means "the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so." 8 CCR 11010 to 11160.

These two phrases - "time during which an employee is subject to the control of an employer" and "time the employee is suffered or permitted to work, whether or not required to do so" are independent factors, each of which defines whether certain time spent is compensable as hours worked. Thus, an employee who is subject to an employer's control does not have to be working during that time to be compensated. See Morillion v. Royal Packing Co., +22 Cal. 4th 575, 583 (Cal. 2000).

De Minimis Time and Rounding

California follows federal practice and permits "rounding" of employee time to the nearest five minutes, one-tenth, or quarter hour for calculating the number of hours worked. However, rounding will not be accepted if it is used in a manner that will result, over time, in failure to compensate employees for the time they have worked. See California Division of Labor Standards Enforcement's Enforcement Policies and Interpretations Manual; See's Candy Shops, Inc. v. Superior Court, +2012 Cal. App. LEXIS 1132 (Cal. App. 4th Dist. Oct. 29, 2012).

However, California's wage and hour statutes and and regulations have not incorporated the federal de minimis doctrine. As a result, a California employer that requires its employees to work minutes off the clock on a regular basis or as a regular feature of the job may not evade the obligation to compensate employees for that time by invoking the de minimis doctrine. Troester v. Starbucks Corp., +2018 Cal. LEXIS 5312 (Cal. 2018).

Break Periods

Meal Breaks

In California, nonexempt employees must be provided with a meal period of not less than 30 minutes if they work more than five hours a day. +Cal Lab Code § 512. The meal period must begin no later than the end of an employee's fifth hour of work. A second meal period is due after 10 hours worked in a single day. Employees are ordinarily required to be relieved of all duty during their meal periods. Employees do not need to be paid for meal periods. Employees should clock in and out for meal periods, or note the start and end time for meal periods on their time sheets.

Note that in its 2012 decision in Brinker Restaurant Corp. v. Superior Court, +53 Cal. 4th 1004 (Cal. 2012), the California Supreme Court held that there is no requirement that employees get a meal break every five hours (regardless of the total number of hours worked), as some employees had argued. There is no prohibition on taking meal periods early in a shift, although this can result in an employee working more than five hours after the meal.

When an employee works for a work period of more than five hours, a meal period must be provided no later than the end of the employee's fifth hour of work (in other words, no later than the start of the employee's sixth hour of work). When an employee works for a period of more than 10 hours, a second meal period must be provided no later than the end of the employee's tenth hour of work (in other words, no later than the start of the employee's eleventh hour of work). See Brinker.

Practical Example

An employee comes in at 9:00 a.m. and is scheduled to work until 9:00 p.m. The employee takes their first 30-minute meal break at 1:00 p.m. The employer relieves the employee of all duty; relinquishes control over their activities; permits them a "reasonable opportunity" to take an uninterrupted 30-minute break; and does not "impede or discourage" them from taking a break.

According to an email to XpertHR from the California Department of Industrial Relations, the employee's second meal period would need to start before the beginning of 7:30 p.m. (i.e. before the beginning of the 11th hour). An off-duty meal period actually taken is not hours worked.

The DIR said:

In general, when an employee works for a work period of more than five hours, a meal period must be provided no later than the end of the employee's fifth hour of work (in other words, no later than the start of the employee's sixth hour of work). When an employee works for a period of more than 10 hours, a second meal period must be provided no later than the end of the employee's tenth hour of work (in other words, no later than the start of the employee's eleventh hour of work). A bona fide off duty meal period taken is not counted as hours worked. Therefore, the aggregate hours totaling 10 hours, which excludes the first meal period taken off duty in compliance with California law, would be used to determine whether or not a second meal period was provided no later than the end of the employee's tenth hour of work.

The DIR's email response does not have the force of law. However, it does express the enforcement agency's interpretation of employers' obligations under the law.

The Brinker decision also clarified that employers must "provide" meal breaks, but that they need not "ensure" that employees take those breaks. Employers must relieve employees of all duty; relinquish control over their activities and permit them a "reasonable opportunity" to take an uninterrupted 30-minute break; and may not "impede or discourage" them from doing so. However, employers are not required to "police" meal breaks to ensure that no work is being done.

Meal periods may be waived in certain limited situations:

  • If the employee will work no more than six hours total in the day, and the employee and employer agree to waive the meal period; and
  • If the employee works between 10 and 12 hours, the second meal period may be waived if the first meal period was not waived.

Note: Employees in the health care industry who work shifts longer than eight hours in a workday may voluntarily waive their right to one of their meal periods under a provision in Industrial Wage Order No. 5, +8 CCR 11050(11)(D). +Cal Lab Code § 516, Gerard v. Orange Coast Memorial Medical Center, +9 Cal. App. 5th 1204 (Cal. App. 4th Dist. 2017).

On-duty meal periods are permitted only when the nature of the work prevents an employee from being relieved of all duty and there is a written agreement between the employer and employee agreeing to an on-duty meal period and providing that the agreement may be revoked at any time. On-duty meal periods must be paid. California law disfavors on-duty meal periods, and it is difficult to meet the requirements. 8 CCR 11010 to 11160.

Any on-duty meal periods must be at least 30 minutes long. If an employee is entitled to an off-duty meal period of 30 minutes, yet work obligations intrude on a portion of that time, the off-duty period is converted to an on-duty period - no matter how small the portion of the period that work intruded upon - and the employee is paid for the entire period. There is no suggestion that once work interrupts an employee's meal period, the period simply ends even if 30 minutes have not yet passed. L'Chaim House, Inc. v. Division of Labor Standards Enforcement, +2019 Cal. App. LEXIS 703 (Cal. App. 1st Dist. July 31, 2019).

Practical Example

Some examples of jobs in which an employee can not be relieved of all duty for a meal period, and so can likely have an on-duty meal period, include a security guard stationed alone at a remote site, a sole worker in a 24-hour convenience store or a sole worker in a coffee kiosk. However, not all employees who work alone qualify for on-duty meal periods. California courts will look for ways that employees can be relieved of all work for meals.

Employees who are required to remain at the work site or facility during their meal break must be paid for the meal break.

Any employer that fails to "provide" an employee with a meal period in accordance with California law must pay one extra hour of pay at the employee's regular rate of pay for each shift in which the meal period is not provided. +Cal Lab Code § 226.7.

Note that, under the Brinker decision, if employees are clocked out, there is a presumption that they are doing no work. This is yet another reason that it is important that employees clock out for meals.

There are somewhat different meal break rules for employees in the motion picture industry. +8 CCR 11120. There are also exemptions for employees in certain industries (including construction, commercial drivers, security services, and electricity or gas corporations or public utilities) if they are covered by a valid collective bargaining agreement meeting certain requirements. Employers in these industries should review the statutes and regulations carefully or seek detailed legal advice.

Meal Break Exception for Commercial Drivers

Effective January 1, 2019, California's meal breaks law is amended to allow a commercial driver to commence a meal period after six hours of work (rather than five hours of work as is required for most employees) if the driver:

  • Is employed by a motor carrier transporting nutrients and byproducts from a commercial feed manufacturer subject to +Cal Food & Agr Code § 15051 to a customer located in a remote rural location;
  • Has a regular rate of pay no less than one and one-half times the state minimum wage; and
  • Receives overtime compensation in accordance state overtime law.

+Cal Lab Code § 512, as amended by +2017 Bill Text CA A.B. 2610.

Rest Breaks

In California, employers must "authorize and permit" nonexempt employees to take one 10-minute rest period for each four-hour work period, or "major fraction thereof." 8 CCR 11010 to 11160. As defined by the California Supreme Court, anything more than two hours is a "major fraction" of four. Therefore, rest periods must be provided at the following rate:

  • Employees working between three and one-half and six hours are entitled to one 10-minute (paid) break;
  • Employees working between six hours and 10 hours are entitled to two 10-minute (paid) breaks;
  • Employees working between 10 hours and 14 hours are entitled to three 10-minute (paid) breaks;
  • And so on.

No rest break is required for employees whose total daily work time is less than three and one-half hours.

The rest breaks should be taken, to the extent practicable, in the middle of each work period. In general, if an employee is working an eight-hour shift, one rest break should be before the meal break, and one should be after. An employer may depart from this preferred schedule only when doing so:

  • Will not unduly affect employee welfare; and
  • Is tailored to alleviate a material burden that would be imposed on the employer by implementing the preferred schedule.

An employee who works a six-and-one-half hour shift is entitled to a meal break and a rest break, but as long as the meal break begins before the end of the fifth hour of work, and the employee is provided with both breaks, it does not matter whether the meal break or rest break comes first. Rest breaks count as time worked, and so employees must be paid for this time. Employers are also required to provide suitable resting facilities - such as a break area or kitchen - other than a restroom.

Practical Examples

Employee Jane Smith works from 8:30 a.m. to 5:00 p.m. One way Jane's employer can be in compliance with California law is if she takes a 10-minute break at 10:30 a.m., a 30-minute lunch break at 12:30 p.m., and another 10-minute break at 3:00 p.m. Her meal break must begin before 1:30 p.m.

Employee Mike Jones works from 9:00 a.m. to 3:30 p.m. He is entitled to one 10-minute break, and one 30-minute meal break. One way his employer can be in compliance with California law is if he takes a 10-minute break at 11:00 a.m., and a 30-minute lunch break at 1:30 p.m. Mike's employer would also be in compliance if he took a 30-minute lunch break at 11:00 a.m., and a 10-minute break at 1:30 p.m.

Employee Juan Rodriguez works from 7:30 a.m. to 4:00 p.m. He receives a combined 20-minute rest break at 9:30 a.m., and a 30-minute meal break at 12:30 p.m. This departure from the preferred schedule does not unduly affect employee welfare because there is an informal agreement between management and employees, who prefer a combined 20-minute rest break. If shutting down and reactivating the production line to allow employees to take their rest break takes several minutes, this departure from the preferred schedule also would alleviate a material burden; however, if shutting down and reactivating the production line took only seconds, this departure from the preferred schedule would not alleviate a material burden. Rodriguez v. E.M.E., Inc., +246 Cal. App. 4th 1027 (Cal. App. 2d Dist. 2016).

An employer may not require employees to "remain at the ready, tethered by time and policy to particular locations or communications devices." Employers must relinquish control over how employees spend their break time and relieve their employees of all duties - including any obligation that an employee remain on call. Augustus v. ABM Security Services, Inc., +2016 Cal. LEXIS 9627.

The California Division of Labor Standards Enforcement (DLSE) interprets the Augustus ruling to mean that an employer may not require employees to remain on the premises or nearby during rest breaks. As a practical matter, the DLSE notes, if an employee is provided a 10-minute rest period, he or she can travel only five minutes from a work post before heading back to return in time.

If the employer does not "authorize and permit" an employee to take a rest period, the employee is entitled to one hour of pay at the employee's regular rate of pay for each workday that one or more rest period is not made available. This includes not only rest periods required under California's wage and hour laws, but also recovery periods - cooldown periods afforded an employee to prevent heat illness under any state law or regulation, including +8 CCR 3395. +Cal. Lab. Code § 226.7.

Note: Effective September 20, 2018, a temporary exemption allows an employer to require employees holding a safety-sensitive position at a petroleum facility to carry and monitor a communication device such as a radio or pager; to respond to emergencies; and to remain on employer premises. If a rest break is interrupted, an employer must authorize another rest break or, if circumstances do not allow an additional break, pay the employee an additional hour of pay at his or her regular rate of pay. This exemption will be repealed January 1, 2021. Cal Lab Code § 226.75, as enacted by +2017 Bill Text CA A.B. 2605.

Piece Rate Employees

Employees compensated on a piece-rate basis must be paid for rest and recovery periods separately from piece-rate compensation at an hourly rate no less than the higher of:

  • An average hourly rate determined by dividing the total compensation for the workweek, exclusive of compensation for rest and recovery periods and any premium compensation for overtime, by the total hours worked during the workweek, exclusive of rest and recovery periods; or
  • The applicable minimum wage.

Piece rate employees also must be paid at least the minimum wage for other nonproductive time, meaning time under the employer's control, exclusive of rest and recovery periods, that is not directly related to the activity being compensated on a piece-rate basis.

+Cal Lab Code § 226.2.

Breastfeeding Breaks

Employers must provide a "reasonable amount of break time" to accommodate any employee (whether exempt or nonexempt) who wishes to express breast milk for the employee's infant child. This break time should, if possible, run concurrently with any break time already provided to the employee, but need not be paid if it is a separate break. +Cal Lab Code § 1030.

San Francisco also has requirements relating to breastfeeding breaks. See Local Requirements.

Employers also are required to make "reasonable efforts" to provide the employee with the use of a room or other location, other than a bathroom (effective January 1, 2019), in close proximity to the employee's work area, for the employee to express milk in private. This room or location may include the place where the employee normally works if it otherwise meets the breastfeeding breaks requirements.

If an employer can demonstrate to the California Department of Industrial Relations that the requirement to provide the employee with the use of a room or location other than a bathroom would impose an undue hardship when considered in relation to the size, nature or structure of its business, the employer may provide the employee with the use of a bathroom. (Note: Although the federal breastfeeding breaks law requires that employers provide a location other than a bathroom, it applies only to employees who are exempt from overtime requirements. California's breastfeeding breaks law applies to nonexempt and exempt employees alike.)

A temporary lactation location will comply with state requirements if the following conditions are met:

  • The employer is unable to provide a permanent lactation location because of operational, financial or space limitations;
  • The temporary lactation location is private and free from intrusion while an employee expresses milk;
  • The temporary lactation location is used only for lactation purposes while an employee expresses milk; and
  • The temporary lactation location otherwise meets the requirements of state law concerning lactation accommodation.

Agricultural employers (as defined under +Cal Lab Code 1140.4) can satisfy the private location requirement if they provide employees with a "private, enclosed and shaded space, including, but not limited to, an air-conditioned cab of a truck or tractor."

+Cal Lab Code § 1031, as amended by +2017 Bill Text CA A.B. 1976.

Employers also are prohibited from discriminating against breastfeeding women. The California Fair Employment and Housing Act clarifies that the term sex includes breastfeeding or medical conditions related to breastfeeding in addition to gender, pregnancy, childbirth, and medical conditions related to pregnancy or childbirth. +Cal Gov Code § 12926.

Waiting Time and On-Call Time

Under California law, time spent waiting to work counts as hours worked. Similarly, employees on "standby" or "on call" are entitled to pay if the restrictions placed on their time are such that the employee is effectively unable to engage in private pursuits. 8 CCR 11010 to 11160; Armour & Co. v. Wantock, +323 U.S. 126 (1944).

The level of the employer's control over its employees determines whether waiting time and on-call time is compensable.

Courts have identified various factors bearing on an employer's control during on-call time, including whether:

  1. There was an on-premises living requirement;
  2. There were excessive geographical restrictions on employees' movements;
  3. The frequency of calls was unduly restrictive;
  4. A fixed time limit for response was unduly restrictive;
  5. The on-call employee could easily trade on-call responsibilities;
  6. Use of a pager could ease restrictions;
  7. The employee had actually engaged in personal activities during call-in time; and
  8. On-call waiting time is spent primarily for the benefit of the employer and its business.

Owens v. Local No. 169, +971 F.2d 347 (9th Cir. 1992); Gomez v. Lincare, Inc., +173 Cal. App. 4th 508 (Cal. App. 4th Dist. 2009).

Practical Example

An employee who is required to be prepared to respond to telephone calls on off-hours within five minutes and report to the job site if needed within 30 minutes would likely be entitled to pay for the entire on-call time. In contrast, an employee who is required to return calls received on off-hours within six hours would likely be entitled to pay only for time actually spent returning calls.

Travel Time

California law on travel time differs substantially from federal law. California requires wages to be paid for all hours that an employee is engaged in travel, regardless of whether they are during "normal" working hours or in connection with a one-day or longer assignment. Employers may, however, set a different rate of pay for travel time. Nothing in California law requires employers to pay for their employees' commutes to work. See Morillion v. Royal Packing Co., +22 Cal. 4th 575, 583 (Cal. 2000).

Employers that require their employees to use vehicles for work are potentially liable for employee car accidents during a commute or personal errand. See Moradi v. Marsh USA, Inc., +219 Cal. App. 4th 886 (Cal. App. 2d Dist. 2013).

Training, Lectures and Meetings

California follows the federal law in determining whether employees need to be paid for time spent attending training, lectures, and meetings. Time is not counted as "hours worked" if:

  • Attendance is outside regular working hours;
  • Attendance is voluntary;
  • The course, lecture or meeting is not related directly to the employee's job training; and
  • The employee does not perform any productive work during the training, lecture or meeting.

Sleeping

Time spent sleeping may be excluded from hours worked if:

  • The employee is an ambulance driver or attendant working a 24-hour shift;
  • The employer and employee enter into an agreement to exclude up to three one-hour meal periods and an eight-hour uninterrupted sleep period from "hours worked"; and
  • The employer provides adequate sleeping accommodations.

If there is no agreement, time spent sleeping must be compensated. If the eight-hour sleep break is interrupted, the interruption must be counted as hours worked. +8 CCR 11090; Monzon v. Schaefer Ambulance Service, +224 Cal. App. 3d 16 (Cal. App. 2d Dist. 1990).

Although federal regulations allow an employee who is required to be on duty for 24 hours or more to agree to exclude from hours worked meal periods and regularly scheduled sleeping periods of up to eight hours (see Hours Worked > Sleeping), such agreements are not permitted for any employees in professional, clerical, mechanical and similar occupations who are covered by California's Industrial Wage Order No. 4 (+8 CCR 11040), the California Supreme Court has ruled. Mendiola v. CPS Security Solutions, Inc., +60 Cal. 4th 833 (Cal. 2015). The court did not address what may be required in other circumstances regulated by other Wage Orders.

Activities Before and After a Shift ('Preliminary and Postliminary')

Time spent changing clothes or washing up on the employer's job site is counted as time worked if it is "compelled" by the needs of the employer's business. However, California uses a de minimis test, and will not be concerned with short periods of time that are not easily recorded. See Morillion v. Royal Packing Co., +22 Cal.4th 575, 583 (Cal. 2000); +29 U.S.C. § 203(o); +29 U.S.C. § 254(a).

Show-Up Time / Reporting Time

Employees who are required to report to work, but who are not put to work, or who are provided with less than half of the usual or scheduled day's wages, are entitled to reporting time pay. Employees are required to be paid for half of the usual or scheduled day's work at the employee's regular rate of pay, but at least two hours of wages and no more than four hours of wages.

Also, employees who are required to report for work a second time on any one workday and are furnished less than two hours of work on the second reporting must be paid for two hours at their regular rate of pay.

Reporting time pay requirements do not apply if:

  • Operations cannot continue or commence due to threats to employees or property;
  • Civil authorities recommend that operations not continue or commence;
  • Public utilities fail to supply electricity, water or gas;
  • There is a failure in public utilities or sewer system;
  • The interruption is caused by an act of God or other cause not in the control of the employer;
  • The employee is not fit to work;
  • The employee has not reported to work on time and is fired or sent home as a disciplinary action;
  • The employee is on paid standby status; or
  • The employee has a regularly scheduled shift of less than two hours, such as a relief cashier who works only during a one-hour period in the middle of the day.

+Cal. DLSE Manual § 45, California Division of Labor Standards Enforcement guidance on reporting time pay.

One California Court of Appeal has found that an employee need not necessarily physically appear at his or her workplace to report to work. The appellate court found an employer requiring employees to call in to work two hours before assigned shifts to determine whether they needed to go to work triggered the reporting time pay requirement of Industrial Wage Order No. 7 (+8 CCR 11070), which covers the mercantile/retail industry. Ward v. Tilly's, Inc., +2019 Cal. App. LEXIS 95 (Cal. App. 2d Dist. Feb. 4, 2019).

Split Shifts

Although split shifts are not technically considered hours worked, employers should be aware that employees must be paid one hour's pay at the minimum wage in addition to the minimum wage for that workday if their work schedule is interrupted by non-paid, non-working periods established by the employer, other than bona fide rest or meal periods. See Minimum Wage: California > Split Shifts.

Employees Who Work at Home or Reside at Their Employer's Premises

California's Wage Orders do not implicitly incorporate federal regulations that allow an employer and employees who work at home or reside at the employer's premises to enter into a "reasonable agreement" about the hours that will constitute work time (see Hours Worked > 'Reasonable Agreements' for Employees Who Work at Home or Reside at Their Employer's Premises). Mendiola v. CPS Security Solutions, Inc., +60 Cal. 4th 833 (Cal. 2015).

Day of Rest

An employer may not cause an employee to work more than six out of every seven days - regardless of whether the employee is engaged by the day, week, month or year, and whether the work performed is done by day or night. +Cal Lab Code § 551, +Cal Lab Code § 552.

A day of rest is guaranteed for each workweek, meaning a fixed and regularly recurring period of 168 hours, or seven consecutive 24-hour periods, as defined under California law. Periods of more than six consecutive days of work that stretch across more than one workweek are not necessarily prohibited. In other words, the calendar is divided into seven-day blocks, and employees are entitled to at least one day of rest in each block, but an early day of rest in one week and a late day of rest in the next may lead to an employee working seven, eight, or more days in a row - though no more than six days out of seven, on average. Mendoza v. Nordstrom, Inc., +2017 Cal. LEXIS 3171 (Cal. 2017).

There are exemptions to the day of rest requirement when:

  • The nature of the employment reasonably requires that the employee work seven or more consecutive days and in each calendar month the employee receives days of rest equivalent to one day's rest in seven;
  • The employee works no more than 30 hours in any week and no more than six hours each and every day of the workweek (so, if on any one day an employee works more than six hours, a day of rest must be provided during that workweek (Mendoza));
  • The employer is exempted by the Chief of the Division of Labor Standards Enforcement because complying would result in hardship;
  • There is an emergency;
  • The employee is performing work in the protection of life or property from loss or destruction; or
  • The employee is any common carrier engaged in or connected with the movement of trains.

+Cal Lab Code § 554, +Cal Lab Code § 556.

An employer will violate the day of rest requirement if it induces an employee to forgo rest to which he or she is entitled. However, an employer may allow an employee to independently choose not to take a day of rest if the employee is fully apprised of his or her entitlement to rest the employer maintains absolute neutrality as to the exercise of that right. An employer may not encourage its employees to forgo rest or conceal the entitlement to rest, but is not liable simply because an employee chooses to work a seventh day. Mendoza.

An employer also must provide reasonable accommodations to allow employees to observe a Sabbath or other religious holy days, reasonable time necessary for travel before and after a religious observance, and religious dress practice and religious grooming practice as described in +Cal Gov Code § 12926(q). +Cal Gov Code § 12940.

Note, too, that California employees are entitled to overtime pay at one and one-half times their regular rate of pay for the first eight hours worked on the seventh consecutive day of work in a workweek and at double their regular rate of pay for all hours worked in excess of eight hours on the seventh consecutive day of work in a workweek.

Local Requirements

San Francisco Formula Retail Employee Rights Ordinances

Under the San Francisco Formula Retail Employee Rights Ordinances (also known as the Retail Workers Bill of Rights), certain chain stores with at least 40 retail establishments worldwide and at least 20 employees in San Francisco are required to provide employees "predictability pay" and pay for on-call shifts.

For each on-call shift - meaning an employee must, less than 24 hours in advance of the start of the shift, either contact the employer or wait to be contacted by the employer to learn whether the employer requires the employee to report to work for the shift - an employer must pay the employee:

  • Two hours of pay at his or her regular hourly rate for each on-call shift of four hours or less; and
  • Four hours of pay at his or her regular hourly rate for each on-call shift of more than four hours.

Covered employers also are required to provide "predictability pay," as follows. Covered employers must provide new employees a good faith written estimate of the expected minimum number of scheduled shifts per month and the days and hours of those shifts. Covered employers also must provide employees with their schedules two weeks in advance; schedules may be posted in the workplace or provided electronically, as long as employees are given access to the electronic schedules at work.

For each previously scheduled shift that the employer moves to another date or time or cancels, and for each previously unscheduled shift that the employer requires an employee to come into work, the employer must provide:

  • One hour of pay at the employee's regular hourly rate if there is 24 hours or more of notice;
  • Two hours of pay at the employee's regular hourly rate for each shift of four hours or less if there is less than 24 hours of notice; and
  • Four hours of pay at the employee's regular hourly rate for each shift of more than four hours if there is less than 24 hours of notice.

The ordinance's implementing regulations clarify that an employer requires an employee to come into work for a previously unscheduled shift if it pressures or coerces an employee to come into work. Examples of pressuring or coercing include:

  • Taking or threatening to take any adverse employment action against an employee if the employee declines the shift change; and
  • Suggesting or implying that the employer may take an adverse employment action against the employee if the employee declines the shift change.

Certain exceptions apply.

San Francisco, California Police Code SEC. 3300G.4, as amended by City and County of San Francisco Board of Supervisors Ordinance 141024 and by City and County of San Francisco Board of Supervisors Ordinance 150269.

San Francisco Lactation in the Workplace Ordinance

San Francisco's Lactation in the Workplace Ordinance requires an employer to provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee's child. The break should run concurrently with any break already provided. Any break time that does not concurrently run with a rest break provided by California law need not be paid.

Future Developments

There are no developments to report at this time. Continue to check XpertHR regularly for the latest information on this and other topics.