California has very strict labor laws that include requirements for employers to provide employees with time to eat and rest while they’re working. These requirements are based on the number of hours the employee is working on a shift.
Some industries, including the motion picture industry and domestic household employees, have different requirements. These are the requirements for most industries in this state.
Meal periods
Employees who work more than five hours in a day are entitled to an uninterrupted 30-minute unpaid meal break. This break should start no later than the end of the fifth hour of work. If the total work period is no more than six hours, the meal period can be waived if the employee and employer agree.
For workdays exceeding 10 hours, employees must be provided with a second 30-minute unpaid meal break that starts no later than the end of the 10th hour. This second meal period can be waived if the total work period is no more than 12 hours, the first meal period wasn’t waived and there is mutual consent between the employer and employee.
During a meal period, employees must be fully relieved from their work duties. If they have to do any work, even greeting a customer or answering a phone, the meal period is compensable time.
Rest periods
Employees must receive a paid 10-minute rest period for every four hours worked or major fraction of that time. These rest periods should be scheduled as close to the middle of each work period as possible. If an employee’s total daily work time is less than three and a half hours, a rest period isn’t required.
Employees who aren’t provided with their required meal and rest breaks can take legal action. These cases can be complex, so it’s critical for employers to avoid trying to circumvent the requirements.