Workers in California have rights that workers in other states don’t have. One of these is that many workers in this state are required to have meal breaks. These are 30-minute breaks that give the employee time to get something to eat or just rest.
During this meal break, the employee has to be fully relieved of all work-related duties. They must also be free to leave the premises if they desire. As long as those terms are met, the meal periods are unpaid. If the employee is required to do any work, even just greeting a customer, or if they’re forced to remain on the premises, the entire meal period must be paid.
When are meal periods required?
Meal periods are required if the employee works at least five hours in a shift. If they work less than six hours in that shift, the meal period can be waived if the employer and employee both agree.
Some employees are required to take a second meal period. This is the case if they work more than 10 hours in a shift. They have the option of waiving one meal period if they work less than 12 hours in that shift, but they must take the other meal period.
In all cases, the employee’s meal breaks should occur as close to the middle of the shift period it covers. Employers can’t require that employees wait until their meal breaks or any required rest periods to use the restroom.
Employees can take legal action if they believe that they aren’t getting the breaks they’re required to have. It’s in the best interests of employers to keep meticulous records of all breaks provided to employees. These cases can be challenging, so both sides should ensure they have someone on their side who can assist.