California Break Laws

In California, non-exempt workers must receive the following breaks: An uninterrupted 30-minute unpaid meal break when working more than five hours in a day. If you work at least 3.5 hours in a day, you are entitled to one rest break. If you work over 6 hours, you are entitled to a second rest break.

Under break California laws, employers must give their non-exempt employees one unpaid thirty-minute meal break, and two paid 10-minute rest breaks, during a typical eight-hour work day. A paid 10-minute rest period for every four hours worked. An employer cannot employ a worker for more than five hours without providing an unpaid, off-duty meal break of at least 30 minutes. The first meal period must be provided no later than the end of the employee’s fifth hour of work.

When Must a Meal Break be Taken in California?

California break laws require that 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.

California workers with shifts longer than five hours per day receive a minimum food break of 30 minutes per day. The break must begin before the end of their shift’s fifth hour. The law protects these breaks, and California companies cannot violate them.

Workers in California whose shifts last less than six hours per day, however, can waive their food breaks. In this situation, the employee and their employer would agree to a meal break that is considered “on duty.” The worker continues with their shift during the food break, but their employer pays them for this time.

How Do Employees Arrange for an On-Duty Food Break?

California break laws requires that employees and employers must place on-duty meal break agreements in writing. The company must notify the worker of their right to change or cancel the on-duty meal break agreement at any time during their tenure. Additionally, workers must place all food break requests and agreements in writing.

When Are Employees Entitled to a Second Meal Break?

When California workers have a shift longer than ten hours per day, they are eligible to receive a second meal break. This break is at minimum 30 minutes long and needs to start before their shift’s tenth-hour ends.

The worker can give up the second food break if they do not work longer than twelve hours in a day and receive their first food break.

What Do Rest Break Laws Cover in California?

Employers in California must authorize and permit to their employees a ten minute paid rest period for every four hours worked or major fraction thereof. The rest break must be at least 10 consecutive minutes that are uninterrupted.

Additionally, California rest breaks laws help to protect workers’ rights in California. Employees in the state who work for more than three and one-half hours per day receive a ten-minute rest break. This break is considered off-duty. Employers record their workers’ rest breaks as paid hours worked.

When employees work a minimum of three and one-half hours per day, their employers must provide them with one rest break. When workers work over six hours, they receive a second break, and when they work over ten hours, they receive one more additional break.

These rest breaks in California should be enjoyed whenever possible during the employee’s work hours. Therefore, if the employee works a normal 8-hour shift, they should take two rest breaks: one-two hours after the meal break and one break two hours before.

California rest breaks are considered off-duty, and employers and employees should be aware of this. In addition, California’s rest break laws grant workers specific rights that cannot and should not be denied.

Can Workers Sue Their Employers for Not Giving Them Rest Breaks in California?

Yes, employees can sue their employers in California if the employer violates the meal and rest break laws. When a company in California denies their workers meal breaks, the employees may be able to collect damages, according to the state’s Labor Code 512.

California rest break law, Labor Code 512, states that employers provide workers with the correct rest and meal breaks. It is up to both employers and their workers to make sure that these laws are enforced. When employers refuse to provide food and rest breaks to workers, the employees can and should seek out a remedy.

In some cases, workers realize that their bosses have not provided them with the appropriate breaks. In this situation, many California employees wonder what they should do.

When an employer denies their worker the correct breaks, the workers have three years to file a claim. However, workers should act immediately and not wait. Employees in this situation should first speak with their bosses or supervisors and formally request that the company pay them for the denied breaks.

If the verbal request does not work, employees should file a formal wage claim and contact a skilled lawyer regarding the appropriate legal action.

How Can Workers Report a California Labor Law Violation?

When a California company refuses to provide workers with rest breaks, Nakase Wade can help. Our experienced legal team has helped many employees deal with employers who refuse to provide them with meal and rest breaks. Under the law, California employees must receive the appropriate mean and rest breaks. When they do not, they must take action.

Most employers respect the laws concerning meal and rest breaks. However, some companies believe they can “get around” the laws and refuse to comply.

When employers refuse to comply with California Labor Code 512, they effectively refuse their workers their rights. Therefore, unless workers are considered exempt, their employers should provide them with rest and meal breaks during their workdays.

At Nakase Wade, we offer free consultations, and we can help workers approach their employers about the oversight, file a wage claim, and more. Our experienced lawyers and attorneys are confident we can help individuals collect the damages they are owed, so contact us today and let’s get started.

If you work in California and are being denied your proper meal or rest breaks, contact the employment attorneys at Nakase Wade. We have successfully litigated many individual and class action lawsuits regarding rest and meal breaks. Please contact us today for a free consultation.

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California Break Laws

When Must a Meal Break be Taken in California?

What Do Rest Break Laws Cover in California?

Can Workers Sue Their Employers for Not Giving Them Rest Breaks in California?

How Can Workers Report a California Labor Law Violation?

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