When am I required to have rest and meal periods on the job?
California law provides that employees must receive a 30 minute meal break if they work in excess of five hours. During this time, the employee must be relieved of all duties because it cannot be a working lunch. If an employer fails to give a proper meal break, the employee can recover one hour of pay at their regular rate of pay for each day they are not provided a proper rest period or lunch break.
There are exceptions to the rules. A bona fide "exempt" employee is not subject to this rule. If the work day is less than six hours, the employee can agree to waive the time period. Under the California labor law for meal breaks, in the health care industry, an employee can agree, in writing, to waive this meal period. Further, employees working under a collective bargaining agreement may not be subject to the rules.
In some cases, an "on duty" meal break can be provided only when the nature of the job prevents the employee from being relieved of duty and if there is a written agreement between the employer and employee. The written agreement shall state that the employee may revoke the agreement at any time.
These rules only apply to employees in California. Federal law does not have a meal time requirement.
Meal Break & Rest Period Laws
The labor laws require that employees get breaks if they work over three and a half hours a day. These mandatory breaks must be in the middle of each work period and must be 10 minutes for every four hours worked or fraction thereof.
If an employer fails to provide an employee a rest period or lunch break, the employee can recover one hour of pay for each work day that the rest period is not provided under the California meal period law.
An exception to the rule is made for bona fide "exempt" employees. They are not subject to this rule.
About Kaufman Law Firm
litigating on behalf of thousands of employees
The Kaufman Law Firm is a California employment law firm that's dedicated to representing employees in disputes against their employers regarding lunch break & meal break laws. Matthew A. Kaufman is an experienced labor lawyer and has had numerous trials, arbitrations, and appeals, and has litigated on behalf of thousands of employees. He's recovered millions of dollars on behalf of clients in more than 100 class action lawsuits.
Mr. Kaufman has represented workers in state and federal court and in administrative proceedings before the California Labor Commissioner. Determined and aggressive, his cases include individual disputes and class action lawsuits. Based in Sherman Oaks, California and serves greater Los Angeles, Orange County, Ventura County and has cases statewide.
If you need experienced representation by an employment lawyer who will fight passionately for your rights, please contact Mr. Kaufman at 818-990-1999 or Email Here.
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