MEAL AND REST BREAKS
Non-exempt employees who work for a period of more than five hours in one workday must be provided with an unpaid 30- minute meal period; except if the total work period per day is no more than 6 hours, the meal period may be waived by mutual consent. Non-exempt employees who work for a period of more than ten hours in one workday must be provided with a second unpaid 30- minute meal period. If the employee is required to work while they eat or are not free to leave the employer's premises, the meal period is considered an "on duty" meal period and the employee must be paid their regular rate of pay for this time. Non-exempt employees must be provided a paid 10 minute rest breaks for every four hours or major fraction thereof worked.
DID YOU KNOW:
- Lunch break waivers must be in writing and employees must generally be allowed to revoke the waiver at any time. Employees cannot waive their right to rest breaks.
- Working through your meal period does not entitle you to leave work early prior to your scheduled quitting time.
- Employees working less than 3.5 total daily hours need not be provided a rest break.
- An employer can require that employees stay on the premises during their rest break.
- Use of the toilet facilities during a work period does not count as a ten minute rest break.
- Special rules pertaining to breaks may apply to certain employees who work in the health care industry.
For more information about Meal and Rest Breaks see Opinion Letters from the California Division of Labor Standards Enforcement:
If your employer has impeded, discouraged or dissuaded you from a break or has forced you to work through your lunch breaks, or if you were not paid for your missed meal break, you may be entitled to not only one hour of pay for each workday that a break was not provided, but to your regular compensation for the time spent working. You also may be entitled to Waiting Time Penalties, interest and reimbursement of reasonable attorney fees and costs from your employer as well.
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