![]() These mandatory rest breaks must be offered at the rate of 10 minutes for every four hours worked, or "major fraction" thereof. 10-Minute Rest Break ObligationsĮmployers must authorize and permit uninterrupted rest breaks for all nonexempt employees whose total daily work time is at least 3.5 hours. On-duty meal periods have been upheld only in very limited circumstances. ![]() Can be revoked at any time in writing by the employee, except under Wage Order 14 (Agricultural Occupations).Įmployers take note: Use caution and consult with legal counsel before authorizing on-duty meal breaks.Must be agreed to in writing by you and the employee.Is permitted only when the nature of the work prevents an employee from being relieved of all duty.An on-duty meal break must meet all of the following conditions: The first meal break of the workday was not waived.Įmployees can take on-duty meal periods only in certain limited circumstances.You and the employee mutually consent and.The total hours worked on that workday are not more than 12.The second meal break must be provided no later than the end of an employee's 10th hour of work.Īn employee can waive the second meal period only if all of the following conditions are met: Second 30-Minute Meal BreakĮmployers must provide a second meal break of no fewer than 30 minutes for all workdays on which an employee works more than 10 hours. When a work period of not more than six hours will complete the day's work, the meal period may be waived by mutual consent of the employer and the employee. Once the meal period is provided, there is no duty to police meal breaks to ensure no work is being done.Ī meal break can be unpaid only if all of the above conditions are met. In other words, employers do not have to ensure employees take their meal breaks. Does not impede or discourage them from doing so.Permits them a reasonable opportunity to take an uninterrupted, 30-minute break.Relinquishes control over their activities.The employer satisfies its legal obligation to provide an off duty meal period to its employees if it: Superior Court, the court’s most comprehensive decision on the state’s meal and rest break requirements. The question of whether employers must ensure breaks are taken or must simply provide breaks has been a source of significant litigation in both federal and state courts however, the California Supreme Court clarified employer meal and rest break obligations in Brinker Restaurant Corp. Use this quiz to test your knowledge of regulations related to meal and rest breaks. The first meal period must be provided no later than the end of the employee's fifth hour of work. ![]() 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. ![]() This section discusses the meal and rest break requirements that California employers must meet. To comply with these rules, employers should do everything possible to communicate the legal requirements of California's employee break laws to nonexempt workers and must provide them opportunities to take meal and rest breaks. Understanding California's meal and rest breaks requirements is extremely important. Meal and rest break compliance continues to be the source of a great deal of litigation for California employers. ![]()
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