In California, labor laws require that employers provide meal periods and rest breaks for employees.
For every workday that a non-exempt employee works more than five hours, they are entitled to be provided with a meal period of at least 30 minutes. If the employee works more than 10 hours in one workday, they are entitled to a second meal period of at least 30 minutes. Employers cannot let their employees "waive" their meal periods.
Employees are entitled to a paid 10-minute rest break for every four hours worked or "major fraction" thereof. The break should be provided in the middle of each work period, as much as possible.
Employers are also required to keep accurate records of employee meal periods and breaks. Any employee who does not receive a meal period or rest break is entitled to one hour of additional pay at their regular rate of pay for each missed meal period or rest break.
There are a few exceptions to these laws, such as live-in care providers, certain agricultural employees, and certain unionized healthcare employees, among others. If an employee is misclassified as exempt or otherwise not provided with the required meal and rest periods, they may have a claim against their employer for unpaid wages or penalties.
If an employee believes that they are not being provided with required meal and rest breaks, they should bring it to the attention of their employer or human resources department. If the issue persists, they may contact the California Division of Labor Standards Enforcement for assistance.
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