California has robust protections for employees, many of which aren’t present in other states. One right that employees have in this state is to take a meal break on every shift as long as they meet specific requirements. This isn’t something that the employer can opt to skip unless they have a written agreement with the employee.
For workers, understanding when they’re required to take a meal period and what rules apply may be beneficial.
When are employees required to have a meal period?
Generally, any employee who works more than five hours in a day must have a meal period that lasts at least 30 minutes. If an employee works more than 10 hours in a day, they must have a second meal break.
It’s possible for an employee who works less than six hours to waive their meal period. If a worker puts in at least 10 hours but less than 11 hours, they can waive one meal period but must take the other one.
The meal period must occur as close to halfway in the employee’s shift as possible. Typically, the first meal period has to start before the end of the fifth hour of work, and the second one must begin before the end of the tenth hour.
What else should employees know about meal periods?
Meal periods are unpaid breaks, but that only applies if the employee is relieved of all duties for the entire time they are on break. Even if they have to greet one customer coming into the business, the break would have to be paid. Additionally, the employee must be free to leave their work area during the break.
Some employers may try to skirt around this law, but that’s never acceptable. Employees who aren’t receiving their required meal period should consult with someone who can assist them with determining their next steps.