California Workers: Understanding Your Right To Breaks

California's labour laws are among the most generous to employees in the United States. The state's break laws are no exception, requiring employers to provide workers with a minimum number of breaks per shift.

For a typical eight-hour shift, non-exempt employees are entitled to one 30-minute unpaid meal break and two paid 10-minute rest breaks. This means that employees must receive their 30-minute off-duty meal break before the end of their fifth hour of work. They must also receive a 10-minute off-duty rest break for every four hours worked (or a 'major fraction' of four hours).

Employees must receive an uninterrupted 30-minute meal break when working more than five hours in a day

In California, employees who work more than five hours in a day are entitled to an uninterrupted, off-duty meal break of at least 30 minutes. This break must be provided before the end of the fifth hour of work and is unpaid unless the nature of the work requires the employee to remain on duty.

To provide a lawful meal break, employers must relieve employees of all duties and relinquish control over their activities. Employees must be given a reasonable opportunity to take an uninterrupted 30-minute break, and employers must not impede or discourage them from doing so.

Employers are not required to ensure that employees take their meal breaks. However, if an employer fails to provide a meal break as required, they owe the employee one additional hour of pay at the employee's regular rate.

Employees can waive their right to a meal break if their workday is six hours or less, as long as both the employer and employee consent. If an employee works more than ten hours but not more than twelve, they can waive their right to a second meal break as long as they take the first one.

In some cases, such as with a sole overnight convenience store worker or a security guard stationed alone, it may not be possible for employees to take a meal break where they are relieved of all duties. In these situations, employers can provide an on-duty meal break, which must be paid and agreed upon in writing by both parties. Employees must also be able to revoke the agreement at any time.

Employees must receive a second 30-minute meal break when working more than 10 hours in a day

In California, employees are entitled to a second 30-minute meal break when working more than 10 hours in a day. This break must be provided no later than the end of the employee's tenth hour of work.

The employer satisfies its legal obligation to provide an off-duty meal period if it:

• Relieves its employees of all duty
• Relinquishes control over their activities
• Permits them a reasonable opportunity to take an uninterrupted, 30-minute break
• Does not impede or discourage them from doing so

An employee can waive their right to a second meal break, but only if all of the following conditions are met:

• The total hours worked on that workday are not more than 12
• Both the employer and the employee mutually consent
• The employee did not waive their first meal break of the workday

If an employer unlawfully denies a meal break, the employee is entitled to one extra hour of pay at their regular hourly rate for each workday the violation occurs. This additional pay is referred to as "premium pay". An employee has three years from the date of the violation to bring a claim.

Employees must receive a 10-minute rest break for every four hours worked

In California, employees are entitled to a 10-minute rest break for every four hours worked. This break must be paid and uninterrupted, and employees cannot be required to remain on the work premises during their rest break. If an employer fails to provide a rest break, they are required to pay the employee an additional hour of regular pay for each day that a rest break violation occurred.

In addition to rest breaks, employees in California are also entitled to a 30-minute unpaid meal break when working more than five hours in a day. If the employee works more than 10 hours in a day, they are entitled to a second 30-minute meal break. This meal break can be waived if the employee works no more than six hours in a day and there is mutual consent between the employer and employee. If an employer fails to provide a meal break, they are required to pay the employee an additional hour of regular pay for each day that a meal break violation occurred.

It is important to note that there may be exceptions to these break requirements for certain industries, such as construction, healthcare, and motion picture. Additionally, employers are not required to ensure that employees take their breaks, but they must provide the opportunity to do so.

Employees can waive their meal break if working six hours or less

In California, employees are entitled to a 30-minute meal break when working more than five hours in a day. This meal break can be waived, but only if the employee works six hours or less during that day and with the mutual consent of the employer. This is known as an "on-duty" meal break and must be agreed upon in writing by both parties. The employee must also be able to revoke this agreement at any time, except under Wage Order 14 (Agricultural Occupations).

During this 30-minute break, employees must be relieved of all duties and be given a reasonable opportunity to take an uninterrupted break. Employers cannot impede or discourage employees from taking their breaks. If employers fail to provide this meal break, they are required to pay employees an additional hour of regular pay for each workday that the meal break was not provided.

It is important to note that this "on-duty" meal break is different from a rest break, which is a paid 10-minute break that must be provided for every four hours worked. Additionally, there are some exceptions to the meal break requirements for certain industries, such as the motion picture industry.

Employees can waive their second meal break if they work no more than 12 hours and did not waive their first break

In California, employees are entitled to a 30-minute unpaid meal break when working more than five hours in a day. This break must be uninterrupted, and employees are free to leave the work premises. If an employee works more than 10 hours in a day, they are entitled to a second 30-minute meal break, which must be taken before the end of the tenth hour of work.

Employers are required by law to make these meal breaks available, but employees are not required to take them. If an employee decides to waive their meal break, it is recommended that they discuss this with their employer beforehand. While employers are not required to make employees take breaks, they do have the right to order employees to do so and can discipline or terminate employees for insubordination if they refuse.

Additionally, employers must provide paid 10-minute rest breaks for every four hours worked. These rest breaks must be uninterrupted, and employees cannot be required to remain on the work premises during these breaks. However, employees can choose to skip their rest breaks as long as their employer is not encouraging or forcing them to do so.

Frequently asked questions