California workers are entitled to rest and meal breaks depending on shift length, with strict employer obligations and penalties for violations. Employees denied breaks may receive premium pay or file legal claims under California labor laws protecting workplace rights.
By Brad Nakase, Attorney
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Are you skipping meals or rest periods at work? California’s laws regarding food and rest breaks are summarized in the guide below. Additionally, we have offered legal recourse for workers who have been wrongfully refused breaks.
For shifts longer than five hours, nonexempt workers are entitled to a minimum 30-minute unpaid lunch break or meal in accordance with California labor rules. This recess, which should start before the 5th hour of work is over, can only be skipped if the workday doesn’t last longer than six hours.
In order to offer a legal meal break, a company needs to:
A company cannot:
Companies are mandated to offer breaks for meals, but they are not mandated to ensure that workers avail of them.
A 30-minute meal break is required for nonexempt employees who work over five hours in a single shift.
By the conclusion of the fifth working hour, the company has to offer a food break.
An employee has the right to a further 30-minute break for food if they work over ten hours in a single shift. A second break must be provided by the employer at the conclusion of the 10th work hour at the latest.
An employee’s right to a certain number of breaks is determined by how many hours they worked, not how many they were expected to work.
For instance, an employer is exempt from providing a meal break if a worker performs a three-hour shift even though they have been assigned a ten-hour workday.
An employee may forego their entitlement to a meal break if they work a shift of six hours or below. Meal break waivers do not have to be in written form, but they must be approved by all parties.
Employees may forego their entitlement to a 2nd meal break if their shift is longer than ten hours but won’t go beyond twelve, provided they utilize the first one.
Both breaks can’t be skipped by an employee in a single workday. Workers are not allowed to leave the workplace early if they are taking a dinner break.
Certain employment conditions may prohibit workers from having a meal break.
For instance, a security guard deployed alone or a lone worker in an all-night grocery shop cannot be freed from their duties as previously stated, so they cannot take a “lunch break” from work.
Additionally, during meal breaks, employers have the authority to mandate that workers stay on the premises. In certain situations, a company might offer a food break while employees are on duty.
Employees and employers must stipulate in writing that on-duty lunch breaks constitute paid breaks. The employee must have the freedom to terminate the contract whenever they choose. Workers who miss their on-duty meal breaks are not eligible to receive premium compensation.
In California, your employer is required to pay you an additional hour at your usual hourly rate for every workday if you choose to take a lunch break after five hours. This is because the state of California mandates that employees take a food break during their first five hours of employment.
There are several circumstances in which employees may be forced to take meal periods on-site, such as during on-duty breaks for food.
In these situations, the employer is required to provide a proper dining area. Even if the person gets relieved of their responsibilities, they still need to be compensated.
The employer is required to do the following whenever a meal break falls during a shift that starts or ends between 10 pm and 6 a.m.
Employers are mandated by law in California to give workers ten-minute periods for rest for every 4 hours (or a significant part) of work. A “major proportion” of four hours is something longer than two hours.
For every four hours worked, businesses in California are required to offer a net 10-minute compensated rest period.
A worker who performs a seven-hour shift, for instance, has the right to two 10-minute breaks under the California 10-minute break law. For the initial four hours, there is a single break; for the final three hours, there is another.
Three hours is over fifty percent of four hours, which is a “significant proportion” of 4 hours.
Rest breaks are not granted to non-exempt workers who put in less than 3 & a half hours of work according to the California 10-minute break law.
Ten undisturbed minutes must pass between rest periods. A worker must be released from all responsibilities during the period of rest, and the employer is required to offer “appropriate resting arrangements” in a location apart from the restroom. Rest breaks are compensated, in contrast to meal breaks. Employers must strictly adhere to the California 10-minute break law.
Regarding scheduling, a worker ought to take a break “insofar as practical” during the workday.
During rest periods, employers are not allowed to make workers stay at-site or on the phone.
According to the California 10-minute break law, workers could neglect their rest periods. Employees cannot be coerced or encouraged by their employers to forego rest periods.
Meal breaks are granted to exempt personnel, but not rest periods. In general, a worker must meet three criteria in order to be considered exempt:
California additionally exempts a number of industries from the state’s rules for food and rest breaks.
Healthcare, commercial drivers, construction, union workers, government agencies, the film business, publicly-owned electric companies, and security personnel are some examples of these industries.
The exceptions are complicated and this is not a complete list. You need to consult with an experienced employment attorney when you are afraid of your rights towards food and rest breaks and the status of your job.
While some businesses choose not to offer meal and rest breaks because they are ignorant, others may do so on purpose to save money.
A worker has the right to one additional hour of compensation at their usual rate of pay for each workday in which their employer illegally refuses them a lunch or rest break. “Premium pay” is the term used to describe this extra compensation.
If the premium isn’t paid by the employer, the worker can:
An employee can file a claim within three years of the infraction date. Employees who report an illegal activity, inquire about an omitted break, or submit a claim to the Labor Commission cannot face discrimination or retaliation from their employers.
Since every issue is different and not every employer would agree to resolve it amicably, it is essential to speak with an employment lawyer to determine your choices.
The laws governing California’s lunch and rest breaks can be complicated. Employees must therefore take action to guarantee that they are fully aware of their rights.
Non-exempt workers who work shifts in excess of five hours have the right to a single 30-minute meal break. For work shifts longer than ten hours, there should also be a second 30-minute food break. Ten minutes of rest are granted to non-exempt workers for each four-hour shift.
Should you believe that your employer has illegally refused you any break, you might be eligible for reimbursement.
Because California’s regulations regarding meal and rest breaks are so complex, you might want to get your case evaluated by an employment lawyer.
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