What are my legal obligations as an employer in California for providing meal and rest breaks to my employees?

As an employer in California, you are obligated to provide your non-exempt employees with meal and rest breaks according to the Labor Code Section 512 and the California Wage Orders. The details of the meal and rest break requirements differ depending on the industry and the number of hours worked per day by the employee.

According to California law, every non-exempt employee who works for more than five hours in a workday must receive a 30-minute meal break. This break must be uninterrupted and provided no later than the end of the employee's fifth hour of work. If the employee continues to work for more than ten hours in a workday, the employer must provide another 30-minute meal break. A second meal break must be provided no later than the end of the employee’s tenth hour of work.

In addition to the meal break, employers must also provide their non-exempt employees a paid ten-minute rest break for every four hours worked or a substantial portion thereof. This break must be provided in the middle of the employee's work period, whenever practicable.

There are certain limitations and exceptions to the meal and rest break requirements. Employers are not required to provide breaks for exempt employees, employees on-duty meals, or employees in the healthcare industry working 8 to 12-hour shifts, to name a few. However, it is advisable to discuss these exemptions with a licensed attorney to ensure compliance with the law.

It is important to provide meal and rest breaks to your employees as failure to do so can result in liability for payment of premiums, penalties, and interest, which can add up to significant amounts. To ensure compliance with meal and rest break requirements, it is recommended that you maintain accurate records of employee hours worked and break times.

In summary, as an employer in California, you are legally obligated to provide meal and rest breaks to your non-exempt employees according to the California Labor Code Section 512 and the applicable Wage Order. Maintaining accurate records of employee hours worked and break times is vital for ensuring compliance with legal requirements. As always, it is strongly recommended that you seek legal advice from a licensed attorney to ensure that you are in compliance with all applicable laws and regulations.