California has many protections for workers that aren’t present in other states. One of these is that employers are required to provide employees with 30-minute meal periods if certain conditions are present.
There are very specific requirements for meal periods, and employers can face significant penalties if they fail to comply. Understanding the requirements is beneficial for employees so they can speak up if they aren’t getting what they’re due.
When is a meal period required?
A meal period is required if the employee works for at least five hours, but it can be waived if they don’t work more than six hours on that workday. If the employee works 10 hours or more, they must have a second meal period. Employees who work 10 to 12 hours should have two meal periods, but they have the option of waiving one. They must take the other one.
When are employees paid for meal periods?
The meal period can be unpaid as long as the employee is relieved of all work duties and is free to use their break as they see fit. The meal period must be paid if the employee is required to do any work or if the employer exercises any control over what the employee does. It doesn’t matter how minor the work is; the employee must be paid if they have to do anything, including greeting customers or answering the phone.
Employees who aren’t being provided with their meal periods may opt to pursue a legal claim against their employer. This can be complex, so it may be beneficial for them to work with someone who’s familiar with these matters. Swift action is critical because there are strict time limits for these cases.