What are the basic requirements for meal periods under California law? A rest period is not required for employees whose total daily work time is less than 3 and ½ hours. California Meal and Rest Break Law (2020) The rule of thumb under California meal and rest break law is that employers must provide a paid rest break for every 4 hours of work and an unpaid meal break every 5 hours. Contact. Section 512, Meal periods, of the California Labor Code reads, in part, as follows: “(a) An employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. According to California law, employers who deny their employee of meal breaks owe their employee one hour’s pay for each break he or she was not allowed to take. x��][���1��l�9�@�}vv��K./��H/ �A�H��H��/��/�535;��9�y�\�vo_���UUwO��N�Ru�[?�|��;�����T�}��R����_�C��?�������s�:)�����>�?cΥ�e'��U�u��ןϿ����^)���-�����[�)eܼ���>:��l��w�MM���Ƿ~�6��^�@; �lw�Ҩ�y�R�7?�~��ͻ�Gig���v�za�U�9�+�n�Q���.n���d/���dB!�4� �)���C Meal Break Waiver » Use this form when you have a nonexempt worker who will work a shift of six hours or less and both you and the worker wish to waive the required 30-minute meal break. �O6κץ1Y�w�-jw�B��I��J(�U8C$Q �S+x� ��R ~m�0��qJ0U��mNB�1R���m�{�;�G@��##�� We use plain language to provide a better understanding of how the ever-changing employment and labor laws impact your business. In addition, California requires businesses to provide both paid rest breaks as well as a meal break. To be considered valid, the agreement must provide for the wages, hours of work, and working conditions of employees, and expressly provide for meal periods for those employees, final and binding arbitration of disputes concerning application of its meal period provisions, premium wage rates for all overtime hours worked, and a regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate. Meal Breaks California requires employers to provide a 30-minute meal break once the employee has worked five hours. By Administratively issued Industrial Welfare Commission Orders. A. California law requires that nonexempt employees not work more than five hours without an uninterrupted, duty-free meal period of at least 30 minutes. 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. 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. Learn more about California's child labor regulations here, Get a California all-in-one labor law poster. Employees who work more than ten (10) hours in a day are entitled to a second 30-minute meal break. Uniform application to all employees except to an employer of a licensed health care facility or an employer who employs less than three people on any shift at the worksite. 2014), that California's meal and rest break laws were not pre-empted. The Industrial Welfare Commission may adopt working condition orders permitting a meal period to start after 6 hours of work if the commission determines that the order is consistent with the health and welfare of the affected employees. Each rest break must be at least 10 minutes, and each meal break must be at least 30 minutes. California's rest period rules have uniform application to industries under 15 Orders, including agriculture and household employment. Rest period rules exclude professional actors, sheepherders under the Agricultural Occupations Order, and personal attendants under the Household Occupations Order. 4-2001, establish the following requirements for meal breaks: “No employer shall employ any person for a work period of more than five (5) hours without a meal period of … ��R���2�1>w�� <> An employer may not employ an employee for a work period of more than 10 h… ��chh�s#6]l����������?A]Ⱥ�oEo��j`�����,e�y`a�Vn�,����f,7@1L��������RI�)��>v���_��>����� YULH�NO�����`k�I;j����� �t�E��]�(� }��s`i�q�`��7sm�΃k���|EJDB�[��Ї9A�Q��v�d�B��&���j0��\ ��� ](��Co�w�aV�yw� California has notoriously stringent wage and hour laws for employers. An employer shall not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and the employee only if the first meal period was not waived. If an employer violates the California Meal Break Law, they must pay an extra hour (of regular pay) for every day a meal break violation occurs. �����O��i�� �[t�P�M���:w3P�q��q���R���w� ֖�Iėk �9����-Ć�4�Ðj2��*����E��P��Vl��*xSoq����P�AҀ���:tb��k��i�@G��MSydz�)��� %I�UeI����4Z/8[��lA>&lE��Zp�=0�s� �_qT@P�����P�I7X���8[(f�/�>�E=���$�x֚�^���&>� �hU`��n�B�#�6D�f&iG?K�FE̎9n{VSd^�?,�x��b�aNn� /�x8M��Y�*���F���D]��e��-k��!Tq�0�-���k��Ls/��i��tj��e� B���_��H�q��?L�� �`0ܵ3�Q���?����|}$o9� d�[���G�Ǟ\������YN^��b]�Rjl7i{��syl���� ����Ǜ��+��82�[��VS�W���U�� �r�nuWf�\��B vɮ� 2P�C�I����. A rough guide can be found on the following chart:⁠4 For example, different rules apply to certain residential care employees (Wage Order 5), employees in the health care industry (Wage Orders 4 and 5), employees in the motion picture industry (Wage Order 12), and employees in the on-site occupations of construction, drilling, logging and mining (Wage Order 16). California Labor Code Sections 226.7 and 512, as well as Section 11 of California Wage Order No. This article explains the basics about California’s break laws. If possible, this rest period should be in the middle of each work period. California requires that employees be allowed a ½ hour lunch period, after 5 hours of work, except when workday will be completed in 6 hours or less and there is mutual employer/employee consent to waive the meal period. 1. By Administratively issued Industrial Welfare Commission Orders, and California Labor Code section 512. 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