In California, employers are required to provide meal and rest breaks to employees under certain circumstances. According to the California Labor Code Section 512, employers must provide employees who work more than five hours with a 30-minute meal period. If an employee works over 10 hours, they are entitled to another 30-minute meal period.
During non-exempt work periods, employers must allow employees to take a ten-minute break for every four hours worked, or a "rest" period. If a shift is no more than three and a half hours, employees are not entitled to a break or rest period.
Employers must provide a suitable location for employees to take their meal and rest breaks if the location is not on the employee's worksite. Bathroom stalls or utility closets do not qualify as suitable locations.
If an employee misses a break, the employer may be subject to a penalty of one additional hour of pay at the employee's regular rate of pay for the missed break. However, there are exceptions, such as if the missed break was due to the employee's own voluntary decision.
It is essential that employers maintain accurate records of employee meal and rest periods to avoid any legal implications.
If an employer is not following the meal and rest period laws outlined in the Labor Code, the employee may be entitled to compensation. It is recommended that the employee contact the California Department of Industrial Relations or a licensed attorney for further action.
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