Effective January 1, 2023, Senate Bill 1334 changed the rules about mandated meal and rest periods for public employers, including the University of California. SB 1334 applies to non-exempt employees of the University who provide direct patient care or support direct patient care in a general acute care hospital, clinic, or public health setting. Covered employees are entitled to one unpaid 30-minute meal period on shifts over five hours, and a second meal period on shifts over 10 hours. Employees are also entitled to one paid 10-minute rest break per four hours worked.
UCSF Human Resources provides guidance on implementing SB-1334 for managers (opens in new window) and information for impacted employees (opens in new window). For questions regarding rules and guidance on the SB 1334 legislation, contact [email protected].
Managers and Timesheet Approvers are responsible for reviewing timesheets for accuracy and confirming that missed meal and missed break pay codes are only selected by employees eligible under the SB 1334 legislation. HBS has been updated to accommodate the new SB 1334 rules. The new pay codes and rules are open to all UCSF non-exempt employees reporting time in HBS. If you are not sure if an employee qualifies, do not use the pay codes and seek further guidance from Human Resources.
Summary of Changes in HBS
| What is changing? | Description |
|---|---|
| Pay Codes | Missed meal break (skipped lunch) and missed break will be entered using the following existing pay codes which have been extended to all bargaining units and to policy covered non-exempt employees.
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| Calculations |
An employee is entitled to one meal period penalty for each workday that one or more meal periods is not provided, and one missed break penalty for each workday that one or more rest breaks is not provided. When corresponding pay codes are recorded on the timesheet, HBS will programmatically derive a one-hour penalty for missed break and a one-hour penalty for missed meal (skipped lunch). No more than two penalty hours will be paid per day. |
| Pay Rules | HBS will no longer calculate and send the former Missed Break Pay penalties that were calculated on actual missed break minutes. |
| Errors/Warnings | An error warning will be displayed on the timesheet when selecting Missed Break Pay or Skipped Lunch on the timesheet. This is to alert employees and supervisors to confirm employee’s eligibility for penalty payment.
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| Reporting | The HBS Input Transactions By Week report was modified to include the new pay codes and can be used for auditing and reviewing Missed Break Pay and Skipped Lunch code usage by UCSF Health managers and HR. |
| Output Codes | HBS will send penalty payments to UCPath using the following earnings codes, which will be visible on earnings statements:
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A new reference guide, How to Report Missed Meals and Breaks in HBS, is available to educate HBS users on how to report missed meal and rest breaks.
Reporting Missed Meal and Rest Periods for Pay Periods Ending January 7 and January 21, 2023
The new SB 1334 rules were not implemented in HBS until after the January 21, 2023, pay period closed. Managers must retroactively report missed breaks and missed meals (skipped lunch) for the pay periods ending January 7, 2023, and January 21, 2023, following the steps below.
- Use the modified version of the Time Maintenance Form (TMF), TMF Missed Meal and Missed Break, to report only Skipped Lunch and Missed Break Pay for the pay periods ending January 7, 2023, and January 21, 2023.
- Each TMF Missed Meal and Missed Break form can be used to report time for up to 20 employees for a single cost center and pay period. Use a separate form for each cost center and pay period combination.
- Managers should submit all modifications for these pay periods by February 15, 2023.
- Submit modified TMF forms to [email protected] with the email subject line: “SB1134 Retro Reporting”.
The HBS Processing team will update timesheets to reflect the Skipped Lunch and Missed Break Pay, and employees will be paid on their next available on-cycle paycheck following submission.
If you have questions about procedures for recording time in HBS or using the modified TMF Missed Meal and Missed Break form, contact the Controller’s Office Solution Center.