California Labor Compliance
To remain compliant with the regional labor requirements for restaurants employers in California must take certain measures to ensure they are scheduling in a compliant manner.
- Micros 3700
To enable Labor Compliance:
- Head to Company Settings > Advanced Labor
- Under the 'Jurisdiction' dropdown choose 'California'
- Choose which exceptions you would like to enable, then click 'Save'
To run the report:
- Click on Reports > Labor Compliance
- Select the 'Date Range' and 'Location'
Included in the report:
- Employee who incurred the exception
- Location where the exception took place
- Date of the exception
- Exception type (Meal Break, Rest Break, Split Shift, etc.)
Exception Warnings while scheduling
To avoid/reduce labor exceptions you will be warned about potential exceptions as you make changes to your schedule. Each time you make a change to a shift that may cause one or more exceptions, a warning will appear.
You will also see a warning when assigning shifts through the Shift Pool that may cause an exception.
Before publishing a schedule you will see a warning summary showing the number of exceptions, the total cost, and details of each exception. If your jurisdiction has Last minute schedule change exceptions, changing a shift multiple times can incur a violation each time, so be sure to consider the costs before making last minute schedule changes.
Types of Exceptions
Missed Meal Breaks:
Meal breaks are breaks of 30 or more minutes. Depending on the length of shift, 1 or 2 meal breaks may be required. An exception occurs when the required number of meal breaks are not taken and/or if Meal Break #1 is not started before the end of the 5th hour (4:59) of the shift. For each exception an employee should be rewarded with 1 hour of pay at the wage rate for that shift. 7shifts checks the time punch records to determine if the required breaks were taken on each shift. For more details please review the State of California website.
Missed Rest Breaks:
Rest breaks are breaks of at least 10 consecutive minutes and must be paid breaks. Depending on the length of shift, 1-4 rest breaks may be required. A break that was counted as a Meal Break, CANNOT also be counted as a Rest break. An exception occurs when the required number of rest breaks are not taken. For each exception an employee should be rewarded with 1 hour of pay at the wage rate for that shift. For more details please review the State of California website.
An exception occurs if an employee has two time punches in the same day separated by 60 minutes or more. For each exception an employee is entitled to one hour of premium pay at the rate of the minimum wage. This premium pay can be offset if the employee's wage is higher than the minimum wage. For more details please review the State of California website.
Stay labor compliant and save on penalties by using Employee Attestation (Available on The Works and Up)
Through 7punches, employee attestation will require employees to attest whether they:
- Took their breaks in accordance with the policy
- Had the opportunity to take all of their breaks, but freely chose not to
- Were prevented from taking their breaks
Attestation occurs on employee punch out. This data will be available in the labor exceptions report accessible to managers and admins, helping restaurants to accurately track labor exceptions.
To Enable Attestation:
Under Company Settings > Advanced Labor > Select Jurisdiction (California) > Attestation > Save
Attestation Customization (available on Gourmet):
Admins and managers will have the option to customize attestation fields.
- Choosing the answer to attestation questions
- Number of Questions (2 or 3)
Under Company Settings > Advanced Labor > Select Jurisdiction (California) > Attestation > Customize Attestation
On Employee Punchout
Once an employee punches out, they will be prompted to attest to their breaks.