Employees in California have specific rights, many of which aren’t provided to workers in other states. One of these protections is that employees who meet specific requirements must be provided with meal breaks.
Meal breaks are a chance for employees to get something to eat and have a short time to relax during their shift. There are several things that employers and employees should know about these breaks.
When are meal breaks required?
A meal break is required if an employee works for at least five hours in their shift. They can waive the break with mutual agreement from their employer if the employee doesn’t work more than six hours in the shift.
Employees who work longer hours in a shift may be required to take a second meal period. If they work at least 10 hours, they must have a second meal period. Employees who don’t work more than 12 hours in a shift can waive one of their meal breaks, but they must take the other one.
What’s required during a meal break?
A meal break must be at least 30 minutes. It’s typically unpaid, but the employee must be fully relieved from all work duties. They must also be able to do as they please during this period, including leaving the premises if desired.
If an employee is required to do any work, no matter how small, or is required to remain at the company, the meal break must be paid. Employers will face significant penalties if they refuse to pay an employee for a meal period that they should have been paid for.
Employees should ensure that they get all the meal periods they’re due. They can take legal action if they don’t get the meal periods they should. Working with someone familiar with these matters may be beneficial for these employees.