Employees in California have very specific rights that aren’t present in many other parts of the country. One of these is the right to take breaks and meal periods. These are built into the state’s labor laws and come with very specific requirements.
Because some employers may not respect these requirements, it’s critical that employees know exactly what breaks and meal periods they’re due.
Are meal periods and breaks paid?
Meal periods are unpaid as long as the employee is fully relieved of all work-related duties for the entirety of the meal period. The employee must be free to leave the business and enjoy their meal period how they see fit. Breaks are paid, partly because they’re so short.
What meal periods are required for California employees?
For nonexempt employees, a meal break is required if their shift lasts more than five hours. The employee can waive the meal break if they work less than six hours. Typically, the meal period should happen at the midpoint of the shift, but it must always begin before the end of the employee’s fifth hour of work. If the employee works more than 10 hours, a second meal period is required. The employee can waive one of the two required meal periods if they work less than 12 hours in the shift.
What breaks are required?
Employees must be provided with a 10-minute break for every four hours worked. That break must also be provided if the employee works the majority of the four hours. The break must occur as close to the middle of the four-hour period as possible.
Any employee in California who believes they haven’t gotten the meal periods and rest breaks they should have may opt to take legal action. Working with someone familiar with these matters may be beneficial.