California Employment Lawyers
BREAKS AND MEAL PERIODS
California employment law requires employers to provide paid rest periods and unpaid meal breaks for non-exempt workers. Both types of rest periods are based on the total number of hours worked in a given day.
Employees are generally entitled to a ten-minute rest break for every four hours worked. For example, an employee who works eight hours in a day is entitled to two ten-minute rest breaks.
An employee who works at least five hours in a day is also entitled to a thirty-minute meal period. During the meal period, an employee must be free to leave the employer’s premise and relieved of all duty, otherwise the meal period will be counted as hours worked and paid at the employee’s regular rate of pay.
Depending on the employee’s specific circumstances, there may be some exceptions to the meal break policy. Employees who work six hours or less may waive their meal period if both the employee and the employer consent. Employees who work more than ten hours a day are entitled to a second meal period of at least thirty minutes. The second meal break may be waived if an employee works no more than 12 hours in a given work day and both the employee and the employer consent.
Employers who fail to provide meal periods must pay one additional hour of pay at the employee’s regular rate of pay for each workday that the meal period is not provided.
Girard Gibbs LLP is a law firm based in San Francisco, California. Our employment lawyers are highly knowledgeable about employee rights under federal and California employment law, and actively pursue claims on behalf of employees whose rights have been violated. If you believe you have not been compensated for meal and break time, or that your employee rights have otherwise been violated, please fill out the form below or call us toll free at (866) 981-4800 for a consultation without charge.
Important Note: This summary is intended to provide a basic overview of the typical types of employment cases handled by our firm. It is for informational purposes only and does not constitute legal advice.
Frequently Asked Questions about California Breaks and Meal Periods
Q: If I work through my meal period can I leave my job 30 minutes early?
A: No, working through your meal period does not entitle you to leave work early. If you work through your meal period, your employer is required to compensate you for that time at your regular rate of pay and may be required to pay you an additional hour of pay.
Q: Can my employer require me to stay on premises during my meal period?
A: Yes, your employer can require you to remain on premises during your meal period, even if you are relieved of all work duties. Because you are being denied the ability to use your time for your own purposes, however, your employer is required to pay you for that meal period at your regular rate of pay.
Q: How much money am I owed if I am not provided a rest break or meal period?
A: If your employer does not provide you with a rest break or meal period you are owed an additional hour of pay at your regular rate of pay for each workday that the rest or meal period is not provided.
Q: Can my employer fire me because I inquired about my employment rights?
A: It is illegal for your employer to discriminate or retaliate against you for inquiring about your rights, safety concerns or asking about your missed meal or rest breaks. Retaliation can mean the threat of or actual termination, demotion, suspension, or harassment.
Q: What are the basic requirements for meal periods under California employment law?
A: California employment law states that employees must be provided with the minimum of a thirty-minute meal period when the work period is more than five hours.
During the meal period, an employee must be free to leave the employer’s premise and relieved of all duty, otherwise the meal period will be counted as hours worked and paid at the employee’s regular rate of pay.