California’s laws regarding employee meal breaks are designed to ensure that workers have adequate breaks for meals during their work shifts. These laws are among the most stringent in the United States and are enforced by the California Department of Industrial Relations. Here are the key provisions:
- Meal Breaks Duration: Employees are entitled to a 30-minute unpaid meal break if they work more than 5 hours in a day. This break should be provided before the end of the fifth hour of work.
- Second Meal Break: For workdays that exceed 10 hours, a second 30-minute unpaid meal break is required. This break must be provided before the end of the tenth hour of work.
- Waiver of Meal Breaks: The first meal break can be waived by mutual consent of the employer and the employee if the total workday is no more than 6 hours. The second meal break can also be waived if the total hours worked is no more than 12 hours and the first meal break was not waived.
- On-Duty Meal Breaks: Under specific conditions, meal breaks can be “on-duty” and thus paid. This is allowed if the nature of the work prevents an employee from being relieved of all duty and if the employer and the employee agree in writing. The agreement must include a clause stating that the employee may, in writing, revoke the agreement at any time.
- Non-Compliance Penalty: If an employer fails to provide the required meal break, they must pay the employee one hour of pay at the employee’s regular rate for each workday that the meal break was not provided.
- Record Keeping: Employers are required to keep records of the meal breaks provided to employees. Failure to maintain or falsify these records can lead to penalties.
These meal break provisions are intended to provide employees with necessary breaks for their health and well-being during the workday. It’s important for both employers and employees to understand these rules to ensure compliance and to protect the rights of workers in California.
Note that specific industries might have additional or slightly different regulations, and updates to these laws can occur, so staying informed about the latest requirements is essential.
