In California, employers are required to provide meal and rest breaks for their employees.
Meal Breaks:
Employers are required to provide a 30-minute meal break to employees who work more than five hours in a day. The meal break should be provided no later than the employee's fifth hour of work. The employee is entitled to an additional 30-minute meal break if they work more than ten hours in a day. This second meal break should be provided no later than the employee's tenth hour of work.
During the meal break, the employer must relieve the employee of all duties and allow them to leave the premises if they choose. The employee must be free to do as they wish during this time.
If an employer fails to provide a compliant meal break, they must pay the employee one additional hour of pay at the employee's regular rate of pay for each workday that the meal break was not provided.
Rest Breaks:
Employers are required to provide a 10-minute rest break for every four hours worked or major fraction thereof. The rest break should be provided in the middle of each work period to the extent feasible. If an employer fails to provide a rest break, they must pay the employee one additional hour of pay at the employee's regular rate of pay for each workday that the rest break was not provided.
There are limitations and exceptions to these requirements, especially for employees who are exempt from overtime or are in certain industries. It is important for employers to understand these exceptions and ensure they are compliant with California labor laws.
If an employee believes their employer is not providing them with compliant meal and rest breaks, they should first speak with their employer to try and resolve the issue. If the issue is not resolved, the employee can file a complaint with the California Department of Labor Standards Enforcement or seek the help of an employment law attorney.
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