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California employees are required to have meal breaks

On Behalf of | Jan 24, 2025 | Wage And Hour Claims |

Employees in California have protections that aren’t present in federal labor laws. One protection that this state offers is that it requires employers to provide meal breaks for employees who meet specific requirements. 

Meal periods are unpaid breaks of at least 30 minutes that give employees a chance to eat. The employee must be relieved of all work-related duties for the entire break. Even being asked to answer a phone call during their lunch break would mean that the entire lunch break is compensable time and must be paid. 

When are meal breaks required?

Any employee who works for at least five hours is required to have a meal break. The employee can waive the meal period with the employer’s consent if they don’t work more than six hours in that shift. Typically, the provided meal period must occur in the middle of the shift. 

Employees who work more than 10 hours must have a second meal break. They can waive one of the meal breaks by mutual consent with the employer if the employee works less than 12 hours in one shift. An employee who works at least 10 hours must take one meal break, even if they waive the other. 

When an employee doesn’t receive their required meal breaks, they can take legal action against the employer. These cases can come with compensation for the employee and possible fines for the employer. Working with someone who’s familiar with California labor laws and can help to present the facts may be beneficial for these workers.

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