California Meal and Rest Break Laws

California Meal Break Law

What is a meal break?

Break time for employee consists of rest break and meal break. A meal break in California is a 30 minute period that is uninterrupted and available for employees to use as they wish for personal business. Meal breaks are unpaid, and the employee must be relieved of all duties.

The employer must:

• • Have no control over the employee’s actions during the meal break
  • Relieve their employees of all duties
  • Permit reasonable opportunities for employees to take a 30-minute uninterrupted meal breaks

It is unlawful for employers to

• • Discourage meal breaks
  • Impede employees’ meal breaks
  • Have a culture where skipping meal breaks is the norm
  • Incentivize skipping meal breaks

Employers have a duty to provide the meal breaks and create a culture where it is acceptable to take available meal breaks. Employers do not have to make certain their employees use those breaks.

When must meal breaks be provided?

If an employee is non-exempt and works a shift of five hours or more, they are entitled to a meal break of a minimum of 30 minutes. This meal break must be provided by the end of their fifth hour at work. For instance, if the employee starts work at 8 am, they must start their break no later than 12.59 pm.

If the employee is working a shift of over ten hours, then they are entitled to two meal breaks of at least 30 minutes each. This must be provided by the end of the tenth hour at work. The meal break entitlements are based on the hours the employee works, not the hours they are scheduled to work. For example, if the employee’s schedule is for seven hours, but they only work four hours, then they are not entitled to a meal break.

Can an employee waive their right to a meal break?

If the employee works a shift of six hours or fewer, they can waive their rights to a meal break for that shift only. If the employee works a shift of between ten and 12 hours, then they are permitted to waive their right to their second meal break provided they took their first meal break. It is unlawful to waive both meal breaks during one shift. Also, there is no legal entitlement for employees to leave work early if they worked through a meal break. Both parties must consent to a meal break being waived, but it does not need to be waived in writing.

What are on-duty meal breaks?

Certain circumstances may hinder employees from taking an uninterrupted meal break. This is often the case in a 24 hour store, where there is one employee working the night shift. Because they cannot stop their duties, it is not a proper meal break.

All on-duty meal breaks must be paid breaks, as the employee will remain onsite and will perform their duties. The on-duty meal break must be an agreement by both parties in writing, and the employee must be allowed to withdraw the agreement if they wish. There are no premium payments if an employee misses their on-duty meal breaks.

What are onsite meal breaks?

Some situations require employees to take meal breaks onsite. If this is the case, the employer must provide a break room where employees can eat. The employee must also be paid for their break, even if they perform no duties during their meal break.

If the employee’s shift starts or ends between 10 pm and 6 am, then the employer must provide amenities for employees to buy hot drinks and food or heat up food and drink. The meal area must also be sheltered from the elements.

California Rest Break Law

What is a rest break?

California labor laws require a rest break of ten minutes be provided to employees for every four hours they work in a single shift. It also requires major fractions to be provided with a break. This means any work longer than two hours is provided with a break. If an employee works a shift of seven hours, for example, they would be entitled to two rest breaks of ten minutes, one for the first four hours of the shift and one for the last three hours. This is because three hours is more than half of the four hours and therefore a major fraction.

If an employee is non-exempt, they are not entitled to rest breaks for less than three and a half hours of work.

How many breaks do you get in a 4 hour shift?

Rest break laws in California require that an employee gets a 10 minute break for every four hours worked.

Are breaks 10 or 15 minutes?

A rest break must be at least ten consecutive minutes and must be uninterrupted. The employee must be free from all duties for the duration of their break and must be able to take their break in suitable rest facilities, separate to toilet rooms. Rest breaks are paid breaks. Where practical, the employee ought to take their rest break in the middle of their workday.

Employers cannot ask their employees to be on-call or onsite during their rest breaks.

Do you get paid for 15 min breaks?

If an employer does not give the minimum break required by law, ten minutes, then the employer must pay the employee for a full hour for each missed break.

Can employees waive their rights to a rest break?

Employees can skip their rest breaks if they wish, but an employer cannot encourage or pressure their employees to skip rest breaks.

Exempt Employees Breaks and Industry-Specific Exemptions

Exempt employees have a legal entitlement to meal breaks under labor laws. They are not entitled to rest breaks.

An exempt employee must meet all three of the following requirements:

• Their salary needs to be twice the state minimum wage for full-time employees
• Their main duties must consist of professional tasks, executive, or administrative in nature
• Their duties must require independent judgment or discretion.

Certain industries also have an exemption under California labor laws in regards to rest and meal breaks. Some of these industries are security officers, motion picture industry, union employees, construction workers, healthcare workers, commercial drivers, public agencies, and publicly owned electric utilities. If you require information about industry-specific exemptions, you should speak to an employment lawyer.

Do Employers Receive Penalties For Denying Rest Breaks or Meal Breaks?

Whether the employer denies meal or rest breaks intentionally or unintentionally, the employer must pay a premium for violations. The premium pay is one extra paid hour at the rate of the employee’s regular hourly pay. This should appear in their next paycheck.

If the employer denies a meal or rest break and does not pay the premium pay, then the employee has three options:

• Raise an informal dispute with their employer
• File a wage claim with the DLSE
• File an employment lawsuit against their employer

California labor law allows employees three years from the violation date to file their claim. It is unlawful for employers to discriminate or retaliate against their employees for disputing a missed break, filing a claim or lawsuit, or objecting to illegal practices.

In Conclusion

California labor laws surrounding meal and rest breaks can be complex.  In summary, non-exempt employees are entitled to meal breaks of 30 minutes for a shift of five hours or more. If their shift is longer than ten hours, they receive two 30 minute meal breaks. Non-exempt employees are also entitled to rest breaks of ten minutes for every four hours of each shift.