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

In California, employers are required to provide meal and rest breaks to their employees in accordance with the state's Labor Code. The specific requirements are as follows:

Meal Breaks:

• Employers must provide a 30-minute unpaid meal break to non-exempt employees who work more than 5 hours in a workday. This break must be provided no later than the end of the employee's fifth hour of work, and it may be waived only if the total work period for the day is less than 6 hours.
• Employers must provide a second 30-minute unpaid meal break to non-exempt employees who work more than 10 hours in a workday. This break must be provided no later than the end of the employee's tenth hour of work, and it may be waived only if the total work period for the day is less than 12 hours.
• During meal breaks, employees must be relieved of all duties and free to leave the premises. If employees must remain on-premises during their meal break, they must be paid for that time.

Rest Breaks:

• Employers must provide a 10-minute paid rest break to non-exempt employees for every 4 hours worked or major fraction thereof. These rest breaks should be authorized and permitted for every four hours of work or major fraction thereof unless the total work period is less than three and one-half hours, in which case no rest break is required.
• Rest breaks should be provided to workers in the middle of each work period to the extent practicable. Employees must be permitted to leave the premises during rest breaks.

Employers are required to allow their employees to take meal and rest breaks as mandated by the law. Failing to provide such breaks can result in serious penalties; the penalty is the amount of one hour's wages at the employee's regular rate of pay for each workday that a break is not provided.

However, there are some exceptions to these requirements. Certain industries, such as the healthcare industry and the motion picture industry, have specific rules regarding meal and rest breaks. Additionally, employers and employees may agree to waive meal breaks in certain situations, such as when the employee's total work period for the day is less than 6 hours. It is important for employers to remain updated on the latest rules and regulations to avoid penalties and other legal risks.

If an employer is not adhering to the state's meal and rest break requirements, an employee can file a complaint with the California Division of Labor Standards Enforcement or consult with a labor law attorney for further guidance.