Spend more than half of their work time doing intellectual, managerial or creative work Like California overtime laws, California meal and rest period requirements only apply to non-exempt employees.The most important group of exempt employees in California is white-collar exempt employees, who must meet all of the following requirements: Which California employees are entitled to meal and rest periods? But rest periods are not required for employees who work less than three and a half (3 1/2) hours in a day.Ģ. They must also be in the middle of the employee’s work period, to the extent that this is a practicable. These rest breaks must be counted as time worked and must be paid time. The length of required rest periods must be at least ten (10) minutes for each four (4) hours, or substantial fraction thereof, that the employee will work in the day. Rest breaks/rest periods are also required under California labor regulations. His/her workday will be no longer than twelve (12) hours and But the employee may waive this second meal break if: However, an employee may agree to waive that meal break if s/he will not work more than six (6) hours in the day.4 In addition, employees who are working more than ten (10) hours in a day must also be given a second thirty (30) minute meal break. The California Labor Code sets forth the following requirements for meal and rest periods for employees:Įmployees who work more than five (5) hours in a day are entitled to a thirty (30) minute meal break. What are the meal and rest break requirements under California labor law? 1 2 3īelow, our California labor law attorneys discuss the following frequently asked questions about meal and rest break requirements for employees:ġ. Employees are entitled to ten (10) minutes of rest period for each four (4) hours, or a substantial fraction thereof, that they work in a day. Rest breaks under California labor law are required for non-exempt employees who work three and a half (3 1/2) or more hours in a day. Employees who work more than ten (10) hours in a day are entitled to a second 30-minute meal break. The meal break must be provided within the first 5 hours of the workday. Under California wage and hour law, non-exempt employees must receive a thirty (30) minute lunch or meal break if they work more than five (5) hours in a day. The California Labor Code § 226.7 invokes penalties against the employer if it fails to provide a meal or rest period. We have reviewed our content for bias and company-wide, we routinely meet with national experts to educate ourselves on better ways to deliver accessible content.įor 15 years our company has published content with clear steps to accomplish the how, with high quality sourcing to answer the why, and with original formats to make the internet a helpful place.Can I skip my lunch break and leave early California? Is it permissible for employees to skip their lunch or break periods in order to leave early? Can employees, if paid for it, have an “on duty” meal period? Our commitment is to provide clear, original, and accurate information in accessible formats. We are incredibly worried about the state of general information available on the internet and strongly believe our mission is to give voice to unsung experts leading their respective fields. Our content experts ensure our topics are complete and clearly demonstrate a depth of knowledge beyond the rote. We perform original research, solicit expert feedback, and review new content to ensure it meets our quality pledge: helpful content – Trusted, Vetted, Expert-Reviewed and Edited. We write helpful content to answer your questions from our expert network. Reviewed by Michelle Seidel, B.Sc., LL.B./JD, MBA
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