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Understanding California Meal and Rest Break Requirements for Employees

December 10, 2024

California is renowned for its robust labor laws, offering some of the most employee-friendly protections in the nation. One key area of protection is the state’s strict regulations around meal and rest breaks. At Abramson Labor Group, we’re committed to helping employees understand and protect their workplace rights. In this post, we’ll break down California’s meal and rest break requirements, explain your rights, and guide you on what to do if your employer violates these laws.

California’s Meal Break Requirements

Under California law, non-exempt employees are entitled to meal breaks based on the number of hours worked in a shift. Here’s how it works:

1. First Meal Break

  • If you work more than five hours in a shift, you’re entitled to a 30-minute unpaid meal break.
  • This break must begin before the end of your fifth hour of work.

2. Second Meal Break

  • If you work more than 10 hours in a shift, you’re entitled to a second 30-minute unpaid meal break.
  • This second break must start before the end of your 10th hour of work.

Waiving Meal Breaks

  • You can waive your first meal break if your shift is six hours or less.
  • You can waive your second meal break if your shift is 12 hours or less and you took your first meal break.

Duty-Free Requirement

Meal breaks must be duty-free, meaning you’re relieved of all work responsibilities. If your employer requires you to remain on duty or on-call during your meal break, they must compensate you for that time.

California’s Rest Break Requirements

In addition to meal breaks, California mandates rest breaks for non-exempt employees:

1. Timing of Rest Breaks

  • Employees are entitled to a 10-minute paid rest break for every four hours worked or a major fraction thereof.
  • Rest breaks should be provided in the middle of your work period, as much as possible.

2. Break Frequency

  • If you work between 3.5 and 6 hours, you’re entitled to one rest break.
  • If you work between 6 and 10 hours, you’re entitled to two rest breaks.
  • If you work between 10 and 14 hours, you’re entitled to three rest breaks.

Uninterrupted and Duty-Free

Rest breaks must be uninterrupted and duty-free. You can use this time as you wish, whether to grab a snack, step outside, or simply relax.

What Happens If Your Employer Violates Meal and Rest Break Laws?

California law imposes penalties on employers who fail to provide legally required meal and rest breaks. If your employer violates these laws, you may be entitled to premium pay:

  • For each day you’re denied a required meal break, your employer owes you one additional hour of pay at your regular rate.
  • For each day you’re denied a required rest break, your employer owes you one additional hour of pay at your regular rate.

Common Meal and Rest Break Violations

While California’s laws are clear, violations still occur. Common examples include:

  • Failing to provide breaks within the required timeframes.
  • Requiring employees to remain on duty during breaks.
  • Discouraging or retaliating against employees for taking breaks.
  • Automatically deducting meal break time from hours worked, even if the break was not taken.

Exemptions to Meal and Rest Break Laws

Certain employees are exempt from California’s meal and rest break requirements, including:

  • Exempt Employees: Those who meet specific criteria under California wage orders, such as executive, administrative, and professional employees.
  • Unionized Employees: Workers covered by a collective bargaining agreement that meets specific legal standards.

Steps to Take if Your Break Rights Are Violated

If you believe your employer has violated your meal and rest break rights, take the following steps:

1. Document the Violations

Keep detailed records of:

  • Missed or interrupted breaks.
  • Dates and times of violations.
  • Any communications with your employer about the issue.

2. Report the Issue to Your Employer

Raise the issue with your supervisor or HR department. Provide documentation to support your claim.

3. Consult an Employment Attorney

If your employer refuses to address the issue or retaliates against you, consult with an experienced employment attorney. At Abramson Labor Group, we can help you evaluate your claim, gather evidence, and pursue compensation.