It is imperative to note that the employee may revoke this written waiver at any time, although they must do so in writing.Īs such, if an employer requires on-duty meal breaks from an employee who has not agreed to the arrangement, the employer would be in violation of meal and rest break laws in California. The employee has agreed, through a written waiver, to be on-duty during their meal breaks.The nature of the work would prevent the employee from being relieved of all duty for a meal break, such as an employee who is working security as the only employee in the building and/or.These are only permitted under the following circumstances: On-duty meal breaks require the employee to work through their meal break. What this means is that if you voluntarily choose to work during a meal or rest break, you cannot hold your employer responsible for that. It is important to note that California employers are not required to ensure that you do not work during breaks. Doing so is considered to be the legal equivalent of denying a meal or rest break. In general, employers are prohibited from requiring their employees to continue working or be on-call during meal and rest breaks. One of the most common ways that meal and rest break laws in California are violated by employers would be by requiring employees on break to remain on-call. How Do Employers Commonly Violate Meal and Rest Break Laws in California? The meal period requirements as determined by the California Labor Code do not apply to unionized employees, when they work in certain industries whose collective bargaining agreements have demanded meal breaks on a different schedule.Īn example of this would be unionized employees who engage in the following work: Earn a monthly salary, which must be equivalent to at least twice the California minimum wage for full-time employment.Īdditionally, California laws governing meal and rest breaks do not apply to any workers who fulfill the legal definition of independent contractors.Regularly and consistently exercise discretion and independent judgment, in terms of performing the aforementioned duties and.Spend more than half of their working time engaging in intellectual, managerial, or otherwise creative work.White-collar exempt employees are required to meet all of the following requirements: ![]() To reiterate, these laws only apply to non-exempt employees. Such employees are to receive ten minutes of rest for every four hours worked. ![]() Employees who are working more than ten hours in one day are to receive a second meal break, also lasting thirty minutes.Ĭalifornia rest break laws have determined that rest breaks are required for non-exempt employees who work for more than 3 ½ or more hours in a work day. Meaning, if an employee works six hours, they must receive their meal break within five hours of clocking in. Work breaks in California, specifically a meal break, must be provided within the first five work hours of each work day. What Do The Meal and Rest Break Laws Say Specifically?Ĭalifornia meal and rest break laws currently state that non-exempt employees are to receive a thirty minute lunch or meal break, if they work more than five hours in one day. The state also requires the employer to pay the employee during some of these break times however, employers are only required to provide an unpaid lunch break. Some states permit employers to choose between giving meal breaks or rest breaks, while other states only require employers to provide employees with restroom breaks.Ĭalifornia law on breaks requires employers to provide their employees with a meal break and a rest break during each shift. Based on common practice, many employers provide their employees with some sort of a rest or lunch break, although this is usually unpaid and off the clock. Because of this lack of federal guidance, some states have implemented their own laws which require such breaks. Meal periods, which generally last thirty minutes or more, serve a different purpose and as such are not considered to be work time and are not compensable.įurthermore, the Fair Labor Standards Act (“FLSA”) does not require employers to provide meal or rest breaks. ![]() ![]() When doing so, federal law considers these breaks to be compensable work hours that are to be included in the sum of hours worked during the workweek.Īdditionally, these are to be considered when determining if the employee worked any overtime hours. Some employers do offer short breaks, which usually last between five and twenty minutes. What Are California Meal and Rest Break Laws?Īccording to the US Department of Labor, there is no federal law which requires employers to provide their employees with rest or meal breaks during the work day.
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