Meal Breaks
When must a non-exempt employee take a meal break under CA law?
Before the end of the 5th hour of work
What is a 'missed punch'?
A failure to clock in or out, requiring a correction
What does FMLA stand for?
Family and Medical Leave Act
Who is non-exempt?
An employee entitled to overtime and meal/rest breaks under labor law
What motivates compliance audits?
To identify and correct wage & hour risks before enforcement
What is a meal premium?
An additional hour of pay at the regular rate when a required meal break is missed or shortened
How should payroll handle missing punches?
With a manager-approved time correction form
When does an absence require FMLA designation?
When it meets the criteria for a serious health condition or qualifying family need
Who is exempt?
An employee paid on a salary basis and meeting duties test, not entitled to overtime
What is Stiira used for?
Leave administration
Can employees waive meal breaks freely?
Generally, only the first meal break, and only if the shift is 6 hours or less. (Must review each state's rule)
Why are punch corrections important?
To ensure accurate pay and prevent wage claims
Can FMLA be declined by the employee?
No, it must be designated once eligibility is known
Why is misclassification risky?
It can lead to wage claims, penalties, and audits
What happens if final pay is late?
Potential wage claims and daily penalties under state law
How should missed meal breaks be paid in California?
With a meal premium of one additional hour of pay at the regular rate.
What is a consequence of unapproved overtime?
Employer must still pay wages and may face compliance penalties
What is the penalty for employer interference with FMLA?
Legal penalties including fines and back pay
What is retroactive pay?
Wages paid for time worked in a previous period that was unpaid
What is PAGA in wage law?
Private Attorneys General Act, allowing employees to sue on behalf of the state
What documentation is required to waive meal breaks?
Signed meal waiver agreement on file
Who must approve timecards before payroll?
The employee and their direct manager
What triggers a delayed FMLA designation risk?
Failure to notify or assess the need in a timely manner
What is required on a wage statement in CA?
Hours worked, pay rate, gross/net wages, dates, and employer info
Who must you notify if you find a compliance gap?
HR, payroll, or compliance leadership