Employees in California have very specific rights, many of which aren’t present in other states. One of these rights is to have certain breaks during their workday. Many workers are required to have a meal break and rest breaks during a shift.
It’s critical that employees understand what breaks they’re supposed to receive so they can ensure they get them. If an employer doesn’t provide them as required, the employee can explore their options for correcting the situation.
What breaks are required?
Meal periods are typically breaks that must last at least 30 minutes. The only way that the meal period can be unpaid is if the worker is relieved of all work duties. If the employee is required to do any work, however small, they must be paid for the entirety of the meal period. They must also be free to leave the premises during the break if they want to do so.
An employee who works at least five hours in a shift must receive one, but they can waive it if they don’t work more than six hours. Employees who work at least 10 hours must have another meal break. They can waive it if they work less than 12 hours, but only one of the breaks can be waived.
Employees must have one 10-minute rest break for every four hours they work. These are paid breaks.
When employees don’t receive the breaks they’re due, they may opt to pursue legal action. This can be challenging, but it’s sometimes critical. It may be beneficial for these individuals to work with someone familiar with these matters so they can ensure their rights are upheld throughout this process.