California Labor Law Breaks

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California Labor Law on Meal Periods

According to California Labor Laws, employers are required to give their workers break periods to eat a meal.The meal breaks are based on the total number of hours an employee must complete in a day.

The meal break laws require the following:

10-min paid rest breaks should be given to workers for every 4 hours of work.
An employee, who works for more than 5 hours, should be given a 30-minute unpaid meal break.
A second meal break of not less than 30-minutes should be given to an employee who works for more than 10 hours. However, the worker may waive the second break if the employee works for not more than 12 hours.
Employees who are entitled to a break must be relieved from work during the break period. Failure to do so entitles the employee to count the missed break as overtime.
Employers are not allowed to hire a person who will work for more than 5 hours without taking any meal breaks.
An employee can waive his or her meal break periods through a mutual agreement of the employer and employee if a particular job can be completed within 6 hours.
According to California salary law, an “on-duty” meal break period is counted as regular time worked if the nature of work prevents an employee from being relieved. There should be a clear cut, black-and-white agreement between the employer and employee. The document should also state that the worker may revoke the agreement at any time as stated in the California Code of Regulations, Title 8, Section 11040.
If an employer does not provide the required meal periods, then he violates the California Employment Law Breaks. The employer is required to pay an additional hour at the worker’s regular rate of pay for each workday that the employer failed to give the entitled breaks (California Code of Regulations, Title 8, §11040).
An employer must provide a worker with a suitable place to eat if the worker is required to eat on the premises. However, this rule is not applicable to some on-site jobs such as logging, mining, drilling and construction. Also, employees should be provided with a potable source of drinking water, as well as things necessary for hand washing (like soap or any cleansing agent and hand towels).

If you believe that your employer is violating the California Labor Laws, relating to meal breaks, sick leave, termination pay, or minimum wage, you should seek legal advice from qualified California lawyers. These legal professionals can definitely help you answer your questions. Moreover they can provide all the assistance you need to get the compensation you truly deserve.