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.
SKIP AHEAD TO:
To enable Labor Compliance
1. Head to Company Settings > Labor & Compliance.
2. Under the 'Jurisdiction' dropdown choose 'California.'
3. California labor compliance settings will automatically populate. You can choose to manually adjust the settings at the bottom of the page and remember to click 'Save.'
4. By default, overtime calculations in 7shifts are set to 'Hours Worked', so California clients will need to ensure they switch this setting to 'Regular Rate of Pay' to be compliant.
Click here to learn more about enabling 'Regular Rate of Pay' in your Overtime settings.
5. To re-sync your settings to California defaults (including the Overtime rules) click the 'Re-sync labor & compliance settings' button.
Types of Exceptions
Missed Meal Breaks:
Meal breaks are breaks of 30 minutes or more. 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 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.
Missed Break Waivers
If an Employee has a missed Meal Break wavier on file, this will be shown in the punch modal. You can indicate in an Employee's profile whether they have signed a waiver for ' 6hrs & out' and '10hrs & out'.
Dismissing a Rest Break can not be done using a waiver, and must use Employee Attestation each time a break is missed.
1. To enable this feature, go to Company Settings > Labor & Compliance > enable 'Meal Breaks' > enable waivers.
2. Then, navigate to the Employee profile > Employment tab to indicate whether that Employee has signed their waiver:
These indications are then shown in the punch edit modal for that Employee:
Skip to here for more information on dismissing exception warnings for missed breaks.
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 indicating the type of exception and the associated cost.
Before publishing a schedule, you will see a warning summary showing the number of exceptions, the total cost, and details of each exception.
You will also see a warning when assigning shifts through the Shift Pool that may cause an exception.
Exception Warnings within the Punch Edit Screen (when using 7punches)
Exceptions for missed breaks and split shifts will show on the left side of the punch.
If an Employee misses a Meal Break or a Rest Break, these exceptions can be dismissed from within the punch modal.
To dismiss the missed break exceptions based on Employee waivers, click on the break and then 'Dismiss Exception'.
The exception warning will then be faded /ignored. You can restore the exception by clicking on it again, then 'Restore Exception'.
Through 7punches, Employee Attestation will require Employees to confirm 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.
To enable Employee Attestation:
1. Go to Company Settings > Labor & Compliance > select Jurisdiction (California)
2. Scroll further down, select 'Attestation', and click 'Save'.
In the 'Policy Link' field, there is the option to directly link your company's break policy so your employees can access it on the Attestation modal when they punch out.
On Employee Punch-out
Once an Employee punches out, they will be prompted to attest to their breaks.
They can toggle between languages (English and Spanish) from the dropdown in the top right corner.
Admins and Managers will have the option to Customize Attestation fields:
- Choosing the Attestation question
- Choosing the answers to the Attestation question
- Number of Attestation answers (2 or 3)
To enable Custom Attestation:
1. Go to Company Settings > Labor & Compliance
2. Select 'Jurisdiction (California)' and check the option 'Attestation' further down.
3. Click on 'Customize Attestation.'
4. Under each tab, enter the applicable details for your custom question and responses.
5. Remember to click 'Save.'
- Micros 3700
- Heartland Restaurant
1. Go to Reports > Labor Exceptions
2. Select the 'Date Range' and 'Location' and click 'Get Report.'
Included in the report
- Employee who incurred the exception
- Location where the exception took place
- Date of the exception
- Shift length
- Exception type
- Attestation response
- Exception cost
- Waivers on file