SB 1334 Guarantees Meal and Rest Break Rights for Public Sector Health Care Workers

With the passage of Senate Bill 1334, California’s public sector health care workers are now guaranteed meal and rest breaks, just like private sector employees. This is a tremendous victory for these front-line healthcare heroes, who have spent the past three years not only battling the COVID-19 pandemic, but also mental and physical exhaustion tied to severe understaffing.  

Previously, the Labor Code section that provides eligible California workers an unpaid 30-minute meal break for every five hours worked was understood not to cover public employees. The same was true of Industrial Welfare Commission (IWC) Wage Order Number 4, which provides a paid 10-minute rest break for every four hours worked. With the passage of SB 1334, it is written into the law that public employees who work in a hospital, clinic, or public health setting and who provide direct patient care or support patient care are covered by Section 512 and Wage Order No. 4. Moreover, any eligible public employee who is denied a meal or rest break by their employer is owed one hour’s additional pay for each individual violation.

If you are a public sector health care worker or union representative who knows that an employer is denying meal and rest breaks, please contact your labor law counsel.