In California, an employer must provide his employee rest periods (breaks) and meal periods if the employee's work period meets certain requirements.
An employee is entitled to one (1) paid ten (10) minute rest break for every four (4) hours worked or major fraction thereof. The breaks should be as close to the middle of the work period as reasonably possible. These rest periods are not required for employees that work less than three and a half hours for the day in question.
Employers must provide a 30 minute meal break after five (5) consecutive hours of work. However, if the workday consists of less than six (6) hours, the employee and employer can agree to waive the meal break. If the employee works more than 10 hours per day he must be provided a second 30 minute meal break. However, if the workday is 12 hours or less, a second meal break can be waived by the parties if the first meal break was not waived.
An employee is entitled to a paid meal period when the nature of the work prevents the relief from all job duties and the parties agree in writing.
California law may provide exceptions to some of these requirements in certain situations. Please contact the Law Offices of Scott D. Wu if you need further assistance regarding this matter.
Scott D. Wu is an attorney licensed to practice in California. His firm focuses on various aspects of business law, contract drafting and negotiation, family law, personal injury and real estate.
The information on this blog is not legal advice, nor is it intended to create an attorney-client relationship. Legal questions should be directed to a lawyer of your own choosing.
