Skip to content
All posts

What are the labor laws in California regarding breaks and overtime pay for employees?

As a lawyer, I can confirm that the labor laws in California regarding breaks and overtime pay for employees are quite extensive. Under California law, non-exempt employees are entitled to both meal and rest breaks during their workday. A non-exempt employee is an employee who is entitled to overtime pay.

Required meal breaks in California are at least 30 minutes long, and they must be provided to employees who work a shift of more than five hours. However, an employee can waive their right to a meal break if their workday is not longer than six hours. Employees who work a shift of more than 10 hours are entitled to at least two 30-minute meal breaks. If the first meal break is waived, then the worker must take the second meal break.

Required rest breaks are 10 minutes long, and they must be provided every four hours of work or major fraction thereof. Employees may take an additional rest break if they work a total of over six hours in a workday.

If an employee is not given a meal period or denied a rest period, the employer must pay an additional hour of pay at regular rate for each day that the employee was not provided with a rest or meal break.

Regarding overtime, in California, non-exempt employees are entitled to receive time-and-a-half pay for all hours worked beyond eight hours in a day, or 40 hours in a week. If an employee works for over 12 hours in a workday, then the employer must pay double their regular pay rate. It is also essential to note that, in California, there is no exemption to overtime pay, except for salaried executive, administrative, and professional employees.

Finally, there are some exceptions to the general rules on breaks and overtime. For example, certain types of workers are exempt from overtime rules under federal and state law, such as independent contractors, volunteers, and some categories of government employees. Additionally, there are additional rules specific to various industries, such as healthcare or truck driving, and collective bargaining agreements.

In conclusion, it is critical for employers to be aware of California's labor laws regarding breaks and overtime pay. Employers should strive to comply with state and federal laws and regulations, as failure to do so can result in lawsuits and significant fines. If you have any doubts about your rights as an employee or an employer in California, it is wise to seek legal advice from a licensed attorney.