![]() In April 2012, the California Supreme Court finally clarified what it means for an employee to be provided a lawful meal break: (1) the employee must be relieved of all duty during the break, (2) the employer must relinquish control over the employee’s activities for the entire break, (3) the employee’s meal break must last for 30 consecutive minutes, without interruption, and (4) the employee cannot be discouraged or obstructed from taking the meal break. But, until recently, what was not so clear was the meaning of provide. ![]() In California, an employer’s duty regarding meal breaks seems quite clear: it must provide meal breaks. California State Law Puts Certain Requirements in Place Regarding Employee Meal Breaks Contrary to popular belief of meal break rights, not getting a meal break is not enough to show that an employer has broken the law or that the worker is entitled to compensation there are still critical questions that need to be answered, like whether the worker is even entitled to a meal break and whether the employer provided a meal break. To begin, I will address the mystery surrounding the requirements of a proper meal break. In this series, I will explain California workers’ meal breaks rights, the circumstances under which an employee may waive a meal break or agree to an on-duty meal break, and the process for filing an administrative or civil complaint against your employer for missed, untimely, or interrupted meal breaks. The Caregivers & Healthcare Employees Union (CHEU) is an affiliate of California Nurses Association.This is the first post in my “Understanding California Meal Breaks” series. The California Nurses Association/National Nurses United is the largest and fastest growing union and professional association of registered nurses in the nation with 100,000 members in more than 200 facilities throughout California and more than 175,000 RNs nationwide. “CNA is celebrating this win even as we continue to fight for the rights of all nurses, healthcare workers, and patients across California.” “Public-sector nurses and caregivers can cheer this victory today,” said Marlon De La Barrera, an interventional radiology technologist at Palomar Health. 1334, if public-sector and UC hospitals fail to provide meal and break coverage, they will be required to pay the employee for the missed meal and/or break, thereby creating an incentive to prioritize safe staffing. Until this law’s passage, public-sector and UC hospitals were failing to prioritize safe staffing to account for meal and break coverage. Ensuring safe staffing and proper meal and rest breaks in turn fosters the safest conditions for the health of nurses, health care workers, and patients. By bringing the law into alignment with regulations governing private-sector health care workers, the new legislation disincentivizes hospital management from abusing unsafe staffing levels and incentivizes properly staffing every unit to account for the time needed to provide meals and breaks. 1334, authored by state senator Steven Bradford and sponsored by CNA, will ensure that public-sector employees who provide direct patient care or support direct patient care will be covered by Section 512 of the California Labor Code, guaranteeing meal breaks and rest periods for public-sector workers such as nurses at UC facilities. “This new law will improve the working conditions for California’s public-sector hospital workers and the care we provide to our communities.” “One of the ways this new law will support safer staffing in our facilities is because there’s now a penalty for forcing workers to miss breaks,” said Kathleen Salter, RN, who works in the telemetry unit at Antelope Valley Hospital. When a nurse has a 12-hour shift without a chance to eat a meal or even rest, it leads to exhaustion that can increase the likelihood of medical errors.” As nurses, it’s our job to care and advocate for our patients. “Health care workers working in the public sector deserve the same protections as private-sector ones when it comes to having enough staff to safely take our breaks. “Nurses and caregivers fought hard for this important legislation and we are proud that it has been signed into law,” said Rosa Villarroel, RN, who works in UCSF Medical Center’s endoscopy unit. ![]() The newly signed law is a win for patient advocates who believe safe staffing is the key to high-quality patient care. The governor signed the bill into law after it recently passed the Senate floor. 1334 into law, guaranteeing enforceable breaks for public-sector and University of California (UC) workers who provide or support direct patient care in a hospital, clinic, or public health setting. The California Nurses Association (CNA), a union with more than 100,000 members in the state, applauds Gov. 1334 guarantees enforceable breaks for public-sector hospital workers who provide direct patient care
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |