What is California Meal Break Law?
According to the California’s meal break law, employees must provide the following at work:
- Employers must offer an unpaid 30-minute long meal break to most non-exempt employees, regardless if they are paid hourly or by salary, if they work a shift lasting between five and ten hours.
- An employee in Los Angeles and throughout the state has the option to waive the 30-minute long meal break if his or her workday is less than five hours long.
- Employees are entitled to another unpaid 30-minute meal break if their workday is over ten hours long.
- Employees who work twelve hours or more may waive one unpaid 30-minute meal break.
- Employers must schedule lunch breaks in such a way that the employee is free from all work duties.
- Employers cannot impede employees who wants to take their meal break; however, an employee can choose to continue working, but the employee must be paid overtime if he or she volunteers to do so.
- Paid 10-minute rest breaks must be given for every four hours worked.
There are a few exceptions to these rules, as some jobs do not allow duties to be passed on to other employee. For instance, a 24-hour convenience store might have only three employees to cover three shifts. In this instance, the employee would take a paid lunch while working.
If you have questions regarding whether your employer may be violating California meal break law, rest break policies or your employee rights, speak with a Los Angeles employment attorney at Kesluk, Silverstein & Jacob for free legal advice.
