![]() (Limited exceptions to this rule are discussed in question 4.) If an employer pressures an employee to work during a meal period or creates obligations that make it difficult to take a meal period, then the employer is not meeting its obligation to provide an uninterrupted meal period to its employees. But to provide a meal period, an employer must relieve its employees of all duties and obligations and allow the employee to use the meal period as the employee wants. When an employer provides a meal period, the employer does not need to make sure that no work is performed. (Certain special rules apply for the motion picture industry.) An employee may agree with the employer not to take a meal break if the employee works six (6) hours or less. Employers must provide all non-exempt employees the opportunity to have a thirty-minute meal period if they work more than five (5) hours. Does my employer have to provide me a meal break? If you have more questions, or want to learn more, please read the below factsheet or reach out to our workers’ rights clinics. We have litigated numerous individual and class action lawsuits regarding meal periods and rest breaks, contact us today for a confidential initial intake.California law provides most employees with the right to have an unpaid 30-minute meal period if they work more than 5 hours, and the right to have at least one paid ten-minute rest break if they work at least 3.5 hours in a day, and a second paid ten-minute break if they work at least 6 hours. ![]() If you are being denied your proper meal or rest breaks in California contact the employment lawyers at Hunter Pyle Law. “During rest periods employers must relieve employees of all duties and relinquish control over how employees spend their time.” Augustus v. Like meal breaks, rest breaks are off-duty time. For example if you work an eight-hour shift, you should have a separate rest break both two hours before and two hours after your meal break. To the extent possible rest breaks must be in the middle of each work period. If you work over 10 hours, you are entitled to a third rest break. If you work over 6 hours, you are entitled to a second rest break. If you work at least 3 ½ hours in a day, you are entitled to one rest break. Rest breaks are counted as hours worked and must be paid. California employees who work more than 3 ½ hours in a day are entitled to a 10-minute off-duty rest break. 4th 1004, 1040 (2012).Įmployees are also protected under rest break laws in California. “The employer satisfies this obligation if it relieves its employees of all duty, relinquishes control over their activities and permits them a reasonable opportunity to take an uninterrupted 30-minute break, and does not impede or discourage them from doing so. Again, the employee can agree to waive the second meal break, but only if the employee does not work more than 12 hours and did not waive his or her first meal break.Įmployers must provide employees with off-duty meal breaks. If an employee works over 10 hours in a day, he or she is entitled to a second meal break of at least 30 minutes that must start before the end of the tenth hour of the shift. An on-duty meal break agreement must be in writing and it must inform the employee of the right to revoke the agreement at any time. In certain situations, an employee can agree to an “on-duty” meal break where he or she continues to work during the meal break, but is paid for the time. However, an employee who works less than 6 hours in a day can agree to waive his or her meal break. California employees who work over 5 hours in a day are entitled to a meal break of at least 30 minutes that must start before the end of the fifth hour of their shift. Employees must receive 10-minute off-duty rest breaks for every four hours worked (or major fraction of four hours), and the rest breaks should be in the middle of a work period “insofar as practicable.”Įmployees are protected by meal break laws in California. Employees must receive their off-duty meal breaks before the end of the fifth hour of work. Under California law, non-exempt employees are entitled to one unpaid 30-minute meal break, and two paid 10-minute rest breaks, during a typical 8-hour shift.
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