What are the legal requirements for an employer in California to provide meal and rest breaks for their employees?

As an employer in California, you are required to provide your employees with meal and rest breaks. These requirements are outlined by the California Labor Code, and the Industrial Welfare Commission Wage Orders.

Meal Breaks:

• Employers must provide a 30-minute meal break to employees who work more than 5 hours in a day. The meal break must be provided no later than the end of the employee's fifth hour of work.
• If the employee's shift is 6 hours or less, they may choose to waive the meal break. However, the employee must indicate their waiver in writing, and the employer must keep a record of it.
• If the nature of the employee's work prevents them from being relieved of all duties during the meal break, the employer must provide an on-duty meal break. This means the employee can perform some work duties while they eat, but they must be paid for that time.

Rest Breaks:

• Employers must provide a 10-minute rest break for every 4 hours worked, or major fraction thereof (more than 2 hours).
• Rest breaks must be in the middle of each work period, to the extent practicable.
• Employers cannot require employees to work during their rest breaks, and employees must be relieved of all duties during the break.

If an employer fails to provide a meal or rest break, they may be subject to penalties under California law. Employees may be entitled to one hour of pay at their regular rate of pay for each missed break.

There are some potential limitations and exceptions to these requirements. For example, some employees in the healthcare industry or certain types of emergency responders may have different meal and rest break requirements. Additionally, certain collective bargaining agreements or industry-specific wage orders may have different requirements. It's important to consult with a knowledgeable employment law attorney to ensure you are in compliance with all applicable laws.

If an employer has failed to provide required meal or rest breaks, employees may be able to file a complaint with the Labor Commissioner's office, or may need to pursue a lawsuit. It's important to consult with an experienced attorney to determine the best course of action.