Employees in California have very specific protections, some of which have to do with breaks and meal periods. It’s critical that they understand their rights so they can ensure their employer is complying with them.
California is an employee-friendly state because it has many provisions that you won’t find in other states. Mandatory meal periods are one of the provisions that most employees will encounter on a regular basis.
Meal periods
People who work at least five hours in a shift are required to take a lunch break. This can be waived if the employee is working less than six hours. Another meal break must be provided if the employee works at least 10 hours per day. One of those two breaks can be waived as long as the employee works less than 12 hours.
The 30-minute meal period is unpaid as long as the employee is completely relieved of their duties. The break has to be paid if the employee is required to do any work. This includes even simple tasks like answering the phone.
On-duty meal breaks can only occur in very limited cases, including when both parties agree in writing or when the nature of the employee’s work wouldn’t permit an off-duty meal break.
Employees who don’t receive the meal periods they’re required to have by law can take legal action against the employer. These cases can be complicated, but the employee could be compensated for the lack of breaks. It may be beneficial for them to work with someone who’s familiar with these laws so they can assert their rights.