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Practice Areas > Meal & Rest Break Lawyers
Rest Breaks and Meal Breaks are Required by California Law
If your employer is denying breaks, failing to provide breaks, or revoking previously granted breaks without your consent, the law is on your side. While some breaks may be waived by mutual agreement between you and your employer, they cannot be revoked by an employer without your approval.
Meal Break Laws
California’s labor code ensures lunch break rights for most hourly employees. In general, the law requires employers to provide an uninterrupted meal period of at least 30 minutes if an employee works more than five hours in a workday. These meal breaks generally need to conform to certain basic requirements, including the following:
- Scheduling: Meal breaks should be taken at regularly established intervals throughout the workday.
- Relief of Duty: During the break, employees must be completely relieved of all work duties. This means they can’t be answering emails, taking calls, or performing any job-related tasks.
- Location: Employees have the choice of whether to stay at the worksite or leave the premises during their meal break.
Second Break: Employees who work more than 10 hours in a day are entitled to a second meal break of at least 30 minutes. There may be some exceptions to these rules depending on your specific industry or job duties. If you have any questions about your right to meal breaks in California, consult an experience employment attorney at Matern Law Group.
Rest Break Laws
California’s break laws go beyond just meal breaks. Employees are also entitled to take rest periods throughout their workday. These breaks accrue at a rate of ten uninterrupted minutes for every four hours worked, or major fraction thereof. If your employer isn’t providing these breaks, or if there are issues with them, you might be entitled to compensation under California law. ] Like meal breaks, these rest breaks must meet certain basic requirements, including:
- Paid Time: Unlike meal breaks, which are typically unpaid, rest periods must be paid as regular wages.
- Timing: Ideally, rest breaks should be taken in the middle of the work period for optimal rejuvenation. However, employers should strive to make them feasible throughout the shift.
If you have any concerns about your employer following California’s break laws regarding rest periods, you can consult with an employment attorney for free at Matern Law Group.