Employees in California have rights that aren’t present for people in other states. The labor laws in this state provide significant protections for workers. One of these is the right to have a meal period when they’re working.
The meal period in California must be provided if an employee works at least five hours in a shift. It’s possible for them to waive that meal period if they and their employer agree to their waiving it, but they can only do that if they work six hours or less.
Employees with longer shifts may be required to have a second meal period. This is the case for those who work at least 10 hours in a shift. They can waive one of the two required meal periods with mutual consent from their employer if they work fewer than 12 hours.
Are meal periods compensable?
Meal periods aren’t paid time as long as the employee is relieved of all work duties and free to leave the grounds. If the employee is expected to handle anything related to work, including greeting customers or answering the phone, they must be paid for their time. On-duty meal periods are only allowed if the nature of the person’s job makes it impossible for them to be relieved of their duties. There must be a written agreement that the person will have on-duty, paid meal periods.
When an employee doesn’t receive the meal periods they’re due, legal action can occur. This is a complex area of the law, so it’s best to have someone familiar with it to assist with these claims.