California’s Meal and Rest Break Laws: An Overview
California Labor Regulations protect the rights of workers. California meal break and rest break laws meet workers’ safety standards. The employers must meet these criteria of meal and rest break laws in the workplace. This is the right place for you if you are looking for legal information related to these laws. Keep reading to find out more.
California’s Meal Break Laws
According to this California lunch break law, the workers must be given a meal break of thirty minutes for more than 5 hours of work per day. This meal break time is unpaid. If you work more than 10 hours per day, you can take a second meal break of thirty minutes.
On-Duty Meal Breaks
If you work less than 6 hours daily, you can waive the meal break and agree to an on-duty break. This means you will work during your meal break. So, it will count as paid work time. It should be mentioned in writing, and you and your employer must agree.
California labor law rest breaks
Requirements of rest break laws
For your every 4-hour work, you have the right to take a ten-minute rest break. You will only meet the requirement of this law if you work at least three and a half hours per day. This rest period is counted under the paid time of work. California labor regulations have set the law for non-exempt employees. The rest period should take place in the middle of your working hours.
Missed Rest Break
When your rest break gets denied, you can demand compensation for that. Your employer is bound to make up for that. He needs to give you one hour of pay at your regular rate for the missed rest break. This will be applicable for missed or interrupted rest breaks.
Who is eligible for meal and rest periods?
If you are a non-exempt employee, the meal and rest break laws will apply to you.
Non-exempt employees earn their salary on an hourly basis. They are:
- Construction Workers
- Delivery Drivers
- General Laborers
- Interns
- Office clerks
They are entitled to the California meal break law.
However, if you are an exempt employee, you are not eligible for the meal and rest break laws. The monthly salary of exempt employees is at least two times more than California’s minimum wage.
What can you do if your employer breaks labor laws?
According to the labor code of California, you can sue your employer if he breaks labor laws. You can file a lawsuit against him if he does not allow you to take meals or rest breaks. Also, you can demand one extra hour of pay for each rejected lunch break or rest break.
How many hours can an employee work without a break?
An employee can work for five consecutive hours without taking any breaks. Then taking a thirty-minute break after 5 hours of work per day is mandatory.
Final Words
Needless to say, you contribute to the betterment of the community through your work. You have some fundamental rights as a worker. California overtime law, California meal break law, and other labor codes protect you in your workplace. If you violate such rights, you should contact a legal representative and take necessary action.
Photo Credit: Adobe Stock/ nimito