California law offers workers a variety of protections that go above what’s required by federal law. One of these is the requirement for employers to give employees time to eat a meal during their shift if they meet specific requirements.
Most meal breaks are unpaid because the worker is relieved of all work-related duties during that time. If the worker has to do anything for work, including answering a phone call, they must be paid for the entire meal period. Employers aren’t allowed to dictate what the employee can do during their meal period.
The length of the workday matters
Employees who work at least five hours in a workday need to have the option of taking a meal period. They have the option of waiving the meal period if they don’t work at least six hours during that same day. The meal period should be provided as close to the middle of the shift as possible.
If an employee works more than 10 hours, they must have a second meal period. They have the option of waiving one of the two meal periods, but they can’t waive them both.
Agreements to waive meal periods must be mutual between the employer and employee. Employees who have to work through their meal period, for which they would be paid, must have a written agreement that states the terms of the on-the-job meal period.
Employees who don’t receive the meal periods they’re required to have or at least be offered may opt to pursue legal action. This can be difficult — particularly if they still work for the employer. It’s best to first seek experienced legal guidance.