Frequently Asked Questions on California Break Laws:
1. When are California Employees entitled to Meal Breaks?
Under California Labor Law, employers must allow employees working in California totake a 30-minute meal break for every 5 hours of work. Meal breaks are unpaid but must beuninterrupted, and the employees are permitted to go off-site and spend time on any of theirpersonal activities.
2. When are California employees entitled to rest breaks?
Under California’s Labor Law, employees are entitled to take a 10-minute rest breakfor every 4-hour period. These breaks are to be provided in the middle of the work period. Moreover,these breaks are not required for employees whose total daily work time is less than three-and-a-halfhours.
3. Is there a penalty if meal breaks aren’t taken or are shorter than what’s mandated?
Under California law, all non-exempt employees working in California are entitled to meal breaks and rest breaks from their employers. Yes, there is a penalty for employers if they don’t provide a meal break to non-exempt employees. The premium (penalty) owed is one hour of extra pay for each work day this violation occurs.
4. What are the basic requirements for meal and rest breaks under California Labor Law?
- Basic requirement for meal break: An employee working for at least 5 hours in a single shift but less than 6 hours is entitled to one meal break lasting at least 30 minutes. Any employee working for more than 10 hours in a single shift is entitled to take 2 meal breaks comprising 30 minutes each. In such cases, the employer must provide the second meal break no later than at the end of the 10th hour.
- Basic requirement for rest break: Employers must provide theiremployees working in California with a 10-minute paid rest break for every 4 hours (or majorfraction) worked. These rest breaks must be uninterrupted, and the employees must be relieved of alltheir duties.
5. What are California’s laws for exempt employees?
Under California Law, exempt employees are entitled to a meal break but not restbreaks. There are 3 requirements under which an employee can be classified as exempt. They are:
- Employees whose salary is at least twice the state minimum wage for full-timeemployment
- Employees whose primary job must be executive, administrative or performingprofessional tasks like managerial or intellectual work
- Tasks done by employees must involve his/her independent judgment and use ofdiscretion
For more information on California Labor laws, it is best to consult anexperienced employment attorney or click here to read more on CaliforniaOvertime Laws.
6. Are meal breaks paid in California?
California labor law states that meal breaks are unpaid. However, in certain scenarios, if the employee is required to stayon the work premises or be on-call during the meal break, then they are entitled to get paid for themeal break.
7. Can I work for more than 6 hours without a break in California?
Yes, if you want to! Ideally, according to the California Labor Law, for a 6-hourshift in California, an employer must provide one rest break of 10 minutes and one meal break of 30minutes. However, employees can choose not to take those breaks if the choice is made independentlywithout any force or influence from the employer.
8. Can I waive my lunch break in California?
Yes, you can waive your lunch break in California, but under one condition, youshould have worked for 6 hours or less. Under California Law, non-exempt employees working in Californiacan sign a waiver with their employer, stating that they will not take a meal break as long as theirshift is less than 6 hours in a day.Such waivers are not permissible if the employee works for more than 6 hours uninterrupted in a singleshift. Also, in such cases, your employers should not be asking you to sign a lunch break waiver inCalifornia if you work for more than 6 hours in a single shift.
Disclaimer: The material provided above is for informational purposes only and is subject to change. We endeavor to keep all material up-to-date and correct but make no representations about the information's completeness, accuracy, or reliability. Laws vary by jurisdiction and are subject to change and interpretation based on individual factors that may differ between organizations. The material is not meant to constitute legal advice and we suggest you seek the advice of legal counsel in connection with any of the information presented.
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FAQs
If you have worked five hours or more, your workplace is required to give you a 30-minute meal break. Your meal break should begin sometime before the last hour of your shift. It is not required for you to take this meal break. If you have worked less than 6 hours in a day, you can agree to forego your meal break.
How early can I take my lunch break in California in 2024? ›
Meal Breaks
Nonexempt California employees must be given a meal or lunch break for a minimum of 30 minutes for shifts longer than five hours. This break is unpaid, uninterrupted, and must begin before the end of your fifth hour of work.
Can I work 5.5 hours without a lunch break in California? ›
Meal Break Obligations In California. You cannot employ someone for a work period of more than five hours without providing an unpaid, off-duty meal period of at least 30 minutes. The first meal period must be provided no later than the end of the employee's fifth hour of work.
Are 15-minute breaks mandatory in California? ›
The general rule of thumb for California break law is that employers provide employees with at least 10-minutes of rest break for every 4 hours or at least 3 and a half hours worked. These rest breaks are to be taken in the middle of each 4-hour work period.
Can I skip my lunch break and leave early in California? ›
Unless your employer tells you otherwise, you're still expected to work up until your scheduled quitting time, even if you willingly skip lunch. There are some situations when employees may take what California law calls “on duty” meal periods.
Can I waive my second lunch break in California? ›
Waiver of meal period
Employees may waive their meal periods only when they will complete their workday in six hours. If employees work more than 10 hours in a day, they may waive their second meal periods only if they take their first meal periods and they do not work more than 12 hours that day.
How many breaks do you get in a 8 hour shift in California? ›
Under California law, non-exempt employees are entitled to one unpaid 30-minute meal break, and two paid 10-minute rest breaks, during a typical 8-hour shift. Employees must receive their off-duty meal breaks before the end of the fifth hour of work.
What are the new labor laws for 2024 in California? ›
California Minimum Wage Effective January 1, 2024
Sixteen dollars ($16) per hour for all hours worked, regardless of the size of the employer. For more information on California minimum wage.
What is the missed meal penalty in California? ›
The meal penalty in California referred to as meal premium pay, is equivalent to an employee's one hour of pay at their regular hourly rate for each missed meal break.
Can I combine my break and lunch in California? ›
Under the law, rest and meal breaks are meant to be taken separately in California. Combining them might seem like a tempting way to take a longer break or leave work early. However, labor laws have established that these breaks should be taken at different times.
Exempt employees may be entitled to unpaid meal breaks, but most of them are not eligible for rest breaks. The most significant category of California exempt workers is white-collar exempt workers. They include executive, administrative, and professional employees.
Can I sue my employer for not giving me breaks in California? ›
If your employer fails to provide you with timely or uninterrupted meal breaks and rest periods or fails to pay you for any breaks that were not provided, you may be able to sue for unpaid premium pay and other damages.
Can I leave the premises on my 10 minute break in California? ›
If you are not given all 10 minutes of your rest break, you are to be paid for an additional hour of work time for the day. Furthermore, you are free to leave the premises during either your 10- or 30-minute break. Your time is your own, and your employer cannot tell you to remain on-site.
Can you opt out of a lunch break in California? ›
Rules for Skipping Meal Periods in California
If you work more than 10 hours, but not more than 12 hours, you can skip your second meal period, but you still have to take your first meal period. Whatever your shift situation is, you and your employer must agree that you will skip your meal period before you do it.
What happens if I take my lunch after 5 hours in California? ›
That meal break must come within the first five hours of your shift. Otherwise, your employer is breaking the law and you are entitled to compensation at the rate of one hour of your regular rate of pay for each workday where the violation occurs.
How many hours straight can you legally work in California? ›
There is generally no cap on the number of hours you can legally work in a day. But under California labor laws, you as a non-exempt employee are entitled to overtime pay if you work: More than eight (8) hours in a single workday; More than forty (40) hours in a single workweek; or.
How early can you take a meal break in California? ›
California Meal Break Law Requirements
If you work over 5 hours in a day, you are entitled to a meal break of at least 30 minutes that must start before the end of the fifth hour of your shift. BUT, you can agree with your boss to waive this meal period provided you do not work more than 6 hours in the workday.
Can I leave the premises on my 10 minute break? ›
If you are not given all 10 minutes of your rest break, you are to be paid for an additional hour of work time for the day. Furthermore, you are free to leave the premises during either your 10- or 30-minute break. Your time is your own, and your employer cannot tell you to remain on-site.
Do you have to clock out for lunch in California? ›
This means that you still have to work while eating, but you do not have to clock out. This time is, therefore, paid. You should be allowed to spend your meal break however you wish, including leaving the work premises.
