California Meal Break & Rest Break Law (2023) – Quick Calculator + Charts
Under California meal break law (which is much more generous to employees than federal labor law), if you are a non-exempt worker, you are entitled to a 30-minute uninterrupted, duty-free meal break if you work more than 5 hours in a workday. You are also entitled to a 10-minute uninterrupted, duty-free rest breaks for every 4 hours you work (or “major fraction” thereof). If your boss doesn’t comply with break law requirements, they are required to pay you one extra hour of regular pay for each day on which a meal break violation occurred, and another extra hour of regular pay for each day on which a rest break violation occurred.
Meal Break & Rest Break Calculator
This meal break and rest break calculator will tell you how many meal and/or rest breaks you are entitled to under California labor law.
California Rest Break Law Chart
|Hours on the Clock||Rest Breaks|
|0 – 3:29 hrs||0|
|3:30 – 6 hrs||1|
|6:01 – 10 hrs||2|
|10:01 – 14 hrs||3|
|14:01 – 18 hrs||4|
|18:01 – 22 hrs||5|
California Rest Break Requirements
- Your boss must give you a rest break of at least 10 consecutive minutes that are uninterrupted.
- Rest breaks must be paid.
- If you work at least 3.5 hours in a day, you are entitled to one rest break. If you work over 6 hours, you are entitled to a second rest break. If you work over 10 hours, you are entitled to a third rest break.
- Rest breaks must to the extent possible be in the middle of each work period. If you work 8 hours or so, you should have a separate rest break both before and after your meal break.
- Your boss may not require you to remain on work premises during your rest breaks.
- You cannot be required to work during any required rest breaks. [Cal. Lab. C. 226.7]. BUT, you are free to skip your rest breaks provided your boss isn’t encouraging or forcing you to.
California Meal Break Law Chart
|Hours on the Clock||Meal Breaks|
|0 – 5 hrs||0|
|5:01 – 10 hrs||1|
|10:01 – 15 hrs||2|
|15:01 – 20 hrs||3|
California Meal Break Law Requirements
- If you work over 5 hours in a day, you are entitled to a meal break of at least 30 minutes that must start before the end of the fifth hour of your shift. BUT, you can agree with your boss to waive this meal period provided you do not work more than 6 hours in the workday. You can also agree with your boss to an on-duty meal break which counts as time worked and is paid.
- If you work over 10 hours in a day, you are entitled to a second meal break of at least 30 minutes that must start before the end of the tenth hour of your shift. You can agree with your boss to waive the second meal break if you do not work more than 12 hours and you did not waive your first meal break.
- You must be allowed to take your meal break off work premises and spend your break how you wish, since it is off the clock.
- You cannot be required to work during any required meal break. [Cal. Lab. C. 512].
- As of 2012, your boss has an affirmative obligation to ensure that breaks are made available to you but the actual taking of meal breaks is left to the employee. In other words, you are responsible for “breaking” yourself.
Note, rest breaks and meal breaks are supposed to be separate, they should not be combined. Your boss cannot give you a single 1-hour break and say that that counts as all of your meal breaks and rest breaks.
Keep in mind, there are many exceptions to the above for certain industries, such as the construction, healthcare, group home, motion picture, manufacturing, and baking industries.
Can I Skip or Waive My Breaks?
Employers are required by law to make timely meal and rest breaks available to you, but they aren’t required to make you take them. That is up to you as the employee. If you decide to voluntarily skip or waive your meal or rest break, or to take them late, with no pressure or encouragement from the employer, then that is legally permitted. BUT remember, employers have the right under California labor laws to set your work schedule, including your break schedule. While not required to do it, employers have the right to order employees to go on their meal and rest breaks. If the employee doesn’t comply, the employer has the right to discipline or terminate the employee for insubordination. So it is always a good idea to discuss with your employer beforehand your intention to skip or waive any meal or rest breaks, or to take them late.
Can I Sue My Employer for Violating California Meal Break and Rest Break Law?
Yes you can, and you should. If your employer is denying you meal breaks and rest breaks, you would be entitled to receive a penalty of 1 hour wages per day you were denied any rest breaks, and an additional penalty of 1 hour wages per day you were denied any meal breaks (for a maximum penalty of up to 2 hours wages per day). We can help you file a California labor board complaint. Give us a call at (213) 992-3299. Note, your claims are subject to strict filing deadlines. For meal and rest break violations, the filing deadline is usually considered to be 3 years thanks to a recent California Supreme Court decision. [Murphy v Kenneth Cole Productions, 40 Cal.4th 1094 (2007)], but in certain cases, a 1 year filing deadline could apply.
I Am an Exempt Salaried Worker, Can I Still Sue My Employer?
The correct answer is “it depends”. There are many kinds of exemptions under California labor laws. If you are a supervisor, you may fall under the supervisor exemption, otherwise known as the executive exemption. But that exemption has many requirements which your employer may have blown. Also, other kinds of exempt employees are still entitled to meal break and rest break rights. For instance, truck drivers are often considered exempt. However, under California labor laws, they must still receive their meal breaks and rest breaks. Another example are “inside salespeople” who sell products or services while physically stationed at the employer’s office. While normally considered “exempt”, they are still entitled to meal breaks and rest breaks. Again, consult a lawyer to see if your situation qualifies for breaks.
Call (213) 992-3299 and Get Your Labor Board Complaint Started Now
Feel free to give us a call at (213) 992-3299 if you want to discuss filing a labor board complaint. We have successfully obtained awards for our clients in over 97% of our trials and hearings — one of the best trial records in the State of California. Let us put our decades of legal experience to work for you.
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Would the mandatory 10-minute rest break rule apply to drivers that operate outside of California if the contracted route originated in California?
We brealy started working today and the Manger told us now they are gonna be more strict on taking the Break so what the means that we can’t take Breaks anymore what about of we get hungry or what to use the restroom. And I told my Manger since before yesterday night I got really sick I so I couldn’t go to work yesterday so now I’m gonna to work today and I’m still sick I’ll have to be outside for my shift 1pm. – 6pm
That really depends on a number of factors – including whether you are a resident of California, whether your wage check is issued from an office in California, etc. You really need to consult an attorney on this issue as it is quite complicated, and the law is constantly evolving regarding this issue of extraterritorial application of California labor laws.
10 minutes uninterrupted mintues.. can an employer include time walking to and from break in those 10 minutes?
For example, let’s say it takes a person 3minutes to reach their breakroom. Can the employer tell the employee they only get 4 minutes to rest before they have to start walking back?
Hi, I work for 2nd shift from 1pm to 9:30pm. Can my employer control our rest breaks time? They wanted to be 1st rest break after 3pm, meal break after 5pm and 3rd break after 7pm. I understand the meal break laws but how about rest breaks? Can they control our rest breaks? I usually go at 2:30pm, 4:30pm (meal break)and 7:30pm. It looks like they are trying to control everything!!
So I work at ups and have a situation where they don’t have to give up regular brakes, however that’s becouse we normally only work 5 hours. Now we are working 8 hours and I’m not to take time to eat. It’s a bit extreme. I also haven’t received a paycheck stub either… seems strange to me.
Let’s say after 5 hours employer hasn’t given you a break but gives you one after the 6th hour. Does the employer still pay the extra 1 hour?
I work for a company of chain retail stores. We often have 6-hour shifts so we skip lunch. However, sometimes they’ll schedule me to open at one store (8:30am-2:30pm) and then to close at a different store (3-8pm). Obviously I have to drive between stores, which most of the time takes nearly the whole 30 min. Am I not entitled to a real lunch break?
I would say you are entitled to lunch. The travel time to the other store should be on the clock. That would mean you are scheduled for a 12 hour shift. a 30 minute lunch is note sufficient for a 12 hour shift.
Yes you are entitled to a lunch break. Driving from one store to another is still working.
Is it legal for an employer to have you sign a paper that gives them permission to clock it’s employees in and out for their 30min meal breaks? This is if the employee fails to do so, whether they do or do not take their breaks?
Is there a right way or a wrong way when you get fired
My boss tells me that when we drive to other job that’s my lunch
No, it is not your lunch. When you are driving are you eating?? Regardless if you are, a “lunch” is an uninterrupted period of time where you are completely relieved of duty. Anything less than completely relieved of duty the entire lunch period, your employer is in violation of the labor code for lunch (meal periods) and you are owed the 1 hour meal period wage.
when my job gives us a full shift for example (6 am – 2:30) they make us take a 1 hour lunch, doesn’t that make my shift 7 hours ? Am I staying longer without making more money ? Can they get in trouble for making us take a 1 hour lunch ?
If you are working 6am to 2:30pm with an unpaid lunch, you should be getting paid for 7:30hrs. If they had you take a half instead of the full hour, it would be the full 8hrs that you would get paid. Hope that helps.
Is there a Law that states you MUST leave you desk for these breaks/lunch? My boss emailed stating that by California Law we have to leave our desk/department for our lunches and breaks.Now there is a new law that also states no more then 6 people together in the break room? How does this work?? If there is a law that states I cant eat my lunch at my desk i’d LOVE to see it!!
I currently work on a restaurant as a server. I clocked in at 3:45pm. At 4:15pm my employer makes us to take a 30 minutes meal break. Sometimes I work overtime( 10 hours) and they don’t tell me to take another 30 minutes brake.
My restaurant job does the same and I’m not sure what to say to them.
Can I take 2 hours lunches every other day really it’s my time right sometimes I am so stressed out I need about 2 hours just to get back
We have an employee who took a long lunch close to 4 hours.
Should this employee clock out instead of meal out, then at a later time take at least a 30 min lunch break?
I could not see the specific law regarding extended lunch. Is lunch from 30 min to an hour?
If employees take longer lunch (1.5), is it ok?
If longer than 2 hours, is it not ok?
Can an employee work an 8 hour shift and take their Meal Breaks accordingly plus their Paid Rest breaks after their Meal break close to the time they clock out?
We want to prevent employees from taking their PAID REST break 15 mins before clock out time, without getting in trouble with the law?
Any suggestions, I always understood the law to be an EMPLOYER has to provide but doesn’t have to MANDATE that employees take a PAID 10 min REST BREAK during working hours, it’s a use or lose, unlike the MEAL Break, those are mandatory or we pay a penalty…
HELP for clarification plz???
My shift is 630am to 3pm which is 8 hours on the clock with a lunch. Does this mean my entire shift is 8 hours or 8.5 hours?
8, because it’s not paid.
Can Correctional LEO’s be denied breaks and rest periods without compensation? Do we fall under different rules than other laborers?
You could call it a on duty lunch/break. Check your master agreement.
Do my exempt salary employees have to take their lunches before the 5th hour of the work day? Or is it okay they can take it at any time of their day?
Im an amazon full time warehouse worker and have been working an extra 1h30m overtime pay shift before my regular every morning. It results in 10h shifts, however I only get allowed 2 breaks and on some days I have been encouraged or downright told to take my break later than it is normally said to be scheduled for. My issue here is that amazon never sets in stone *when* the meal or rest breaks are to be taken and sometimes it can be consistent or it can vary. Am I entitled to compensation for those delayed breaks and entire missing 3rd rest break on days i have voluntarily taken on an extra 1h30m? I am given two lunch breaks so there is no issue there.
To clarify, I work starting 120am if its a voluntary ovt shift, and 320am if its a normal shift. I clock out at 1150am assuming im not offered extra voluntary ovt pay work until ive hit my 12hr limit
Stop being a bitch, just work and stop looking for free handouts by suing. If the rest is that important to you, stop working the overtime you idiot.
If someone is taking on overtime, I’m sure it’s not for pleasure but a necessity. You stop being a bitch and and you work for free if you want to.
Working for a contractor in a refinery. Company forced everyone to sign a 2nd meal waiver, and to get paid the full 12 hours we must badge in at 6 and badge out at 6:30.
This is 12.5 hours on the clock.
Shouldn’t it be 6 to 6?
You’re forgetting the 30min lunch, if you worked 6am – 6pm you would work 11.5 hours and have an unpaid 30min lunch.
6am – 6:30pm gets you paid for a full 12 hr shift and includes a 30min lunch.
Is the employer responsible for checking for the meal violation and adding the meal penalty to the paycheck?
Yes Ellen, The employer should have it build into the time-keeping system. ADP offers that ability.
I work gas station for 8 hours. They give form I sign for break and lunch time to wave for 8 hours work. It is legal to sign to wave for 8 hours work?
Hi there. My son (minor) works from 4pm until usually 11:30-11:45PM (weekdays during summer). His boss makes him take lunch within an 1 – 1 1/2 hours into his shift. Is this legal?
Hi, nurse here. If I clock in at 700am and don’t get to clock out for lunch until after 12pm, then I am owed 1 hour extra pay? Our last patient before lunch leaves at a little past 12pm and we are expected to clean up after so usually get to start lunch at 12:15 earliest. Thank you.
I have a question. My company has a work schedule of 4 10’s shift. We clock in at 3:25pm and clock out anywhere from 2:00am – 2:10am. But our company is only giving us 2 rest breaks and 1 lunch. Is that legal cause I thought anything over 10 hrs even if it’s a minute you are suppose to get another rest break? And when we bring it up after a year of doing it. They switched to making us clock out before our 10 he mark so they don’t have to give us that extra break.
If I waive a meal break and work 9 hours that day, does my employer have to pay me for 9 hours?
Yes they do, unless you were relieved from your work duties all time worked is paid. Document on the Timekeeping system, with notes, emails, etc…
No. The employer is required to pay you a 1 hour extra. So if you worked 9 hours and waived lunch for their benefit, then the company must pay you 1 extra hour.
I work for unity couriers I started at 8.45am took a meal break at 2.55 pm now they say u must take 2nd meal break I finished duty by 5.15 pm my question is why should I take 2 meal breaks in 8 hrs that does not make sense sometimes u fell hungry early can they enforce (the company) enforce it because enforcing is slavery.
Can i choose to take a 15 minute short lunch break after i worked 6 hours and clock back in and come to find out the company is taking 30 minutes out with my permission. Is this ok?
No, you cannot take a less than 30 minute meal period if you worked more than 5 hours in a day. If your 30 minute meal period is interrupted (by you or anyone else), you are due an hour of meal break penalty pay.
Not taking proper breaks is likely against your employer’s handbook policies, so check there as they likely can take disciplinary action against you.
However, you and your employer can agree to waive the meal period altogether by mutual written agreement.
In working 6 hours in a single day, you are due one 10-minute rest break. Some companies give 15 minute rest breaks.
So, IF you have a written agreement about waiving your meal period AND your company gives 15 minute rest breaks, during that rest period your employer must relieve you of all duties and relinquish control over how you spend your time. If that’s not happening, it’s not a rest break and you are due a rest break penalty hour of pay.
On top of all that, if they are taking 30 minutes out w/o then you may be due for up to 3 years (according to the statute of limitations for this kind of thing) of meal penalty pay, but I’m not a lawyer, just an Internet rando.
The only way you should waive a Unpaid Meal period is if you are working a 6 hour shift, otherwise you are required to take your meal period BEFORE the 5th hour of work when working a 8 hour shift to avoid a meal period penalty, keep in mind that some employers can discipline for multiple missed or late meal periods, especially if stated in the Company handbook that it is a violation and must have Management approval.
8 HOUR SHIFT:
Start Shift: 6AM (CLOCK IN)
Break: 9AM (paid – Do Not clock out)
START Meal Period: by 10:59am (Unpaid- CLOCK OUT)
Break 1PM (paid – Do Not clock out)
End Shift: 3PM (CLOCK OUT)
6 HOUR SHIFT:
Start shift: 6am (CLOCK IN)
Break: 9am (paid – Do not clock out)
End Shift: 12pm (CLOCK OUT)
Hope this helps as well as the examples above…
I work in a dental practice where the new manager just decided Hygiene staff wouldn’t be paid if there is an 8:00, 11:00, 1:00, or 4:00 cancellation. Lunch is at noon, so recently I was forced to take a 3hour (unpaid) lunch. Is that legal? Also, I caught the manager calling patients to move them in order to create this “long lunch” situation. How does that figure in?
So, let’s say you work 7a–4p w/ a 1-hour lunch, that’s 8 hours of pay usually (and 2 paid, 10-minute rest breaks, one before and one after the meal period).
If you suddenly find yourself with a 3 hour gap, that moves your total hours for the day down to 5 hours (and just one 10-minute paid rest break) and turns the day in to a “split shift”.
This really only affects people who make less than 1.1667 times minimum wage (by my calculations). Here is a spreadsheet I made, feel free to take a copy of it and change the pink and blue values: https://docs.google.com/spreadsheets/d/1mIvTrvUsbQO6KORVomx3xZkBAVEKK-EWzybzfGMwSw0/edit#gid=0
Also, it may help to read up on reporting time pay and see if you think any of this applies to you: https://www.dir.ca.gov/dlse/faq_reportingtimepay.htm
Further reading on meal periods: https://www.dir.ca.gov/dlse/faq_mealperiods.htm and rest periods: https://www.dir.ca.gov/dlse/faq_restperiods.htm
At my job I usually work 5-6 hour shifts and have never once been given a break, not even a 10 minute break. When I work over 6 hours they go into the system and add a 30 minute unpaid break that I never took so they Don’t get in trouble. What should I do?
The statute of limitations is 3 years, so decide if it’s worth it to reach out to Eugene on this website and take your employer to court. This site also has a chat feature, which you can talk to someone when they’re online. Good luck!
Hi, so my question is for fellow nurses who work 12hr shifts. Their manager is telling them she will not pay “missed meals” because our policy is vague and says they have till the 11th hour to take their lunch because they signed a waiver. The waiver they all signed is to waive their second meal break and states, “on the days I work a shift in excess of ten hours, I hereby waive one of the two meal periods I would otherwise be entitled to receive each workday under California law. I understand that if I do not provide direct patient care or work in a clinical or medical department and I work a shift in excess of ten hours but less than twelve hours, I may waive my second meal period only, and therefore must take my first meal period before the start of my sixth hour of work.” Is this legal to make 12hr staff wait till 11th hour and not be paid for missed meals?
The wording is vague, but also specific, oddly enough…
It both states, “I hereby waive ONE OF THE TWO meal periods” which is vague but it also states, “I may waive my SECOND MEAL PERIOD ONLY, and therefore MUST TAKE MY FIRST MEAL PERIOD before the start of my sixth hour of work.”
So, according to both of those together, and to skip the 2nd meal, 12 hours of paid work must look something like this:
In: 6 am
Rest 1: paid 10 minutes break somewhere in between
Out: 11 am
Meal 1: (assuming 1 hr lunch, but could be as little as 30min)
In: 12 pm
Rest 2: paid 10 minutes break somewhere in between
(Meal 2 would be due by 5pm, but may be waived)
Rest 3: paid 10 minutes break somewhere in between
Out: 7 pm (cannot exceed 12 hours of work if 2nd meal period was skipped)
I’ve never been a salary employee before and when they hired me they stressed taking two 15 min breaks and at LEAST a 30 min lunch. I’ve been there 2 weeks and have been denied all breaks and lunch every day (I’ve been out on a job and said…it’s been 7 hours I need to grab a quick bite and have been told no). We work 7-4:30, so 9.5 hours. I have brought it up but am just waived off and told we don’t have time for breaks/lunch. Is this legal?
Absolutely not legal! If I were you, i would get a little notebook, record every day your exact times of work, and what time you asked for a break, and were denied- also, who exactly denied you, and their exact words. You are owed an hour of pay for every missed meal break.
I only work a 6 hour shift. Can my employer make it mandatory that I take an hour break? I really need the money but that’s what he does. I would like to just take a 30 minute break or waive it all together, but I was told I wouldn’t get paid for it. Is that allowed?
Hi Jonathan, the employer has the right to set your daily work and breaks schedule. That includes when and how long your meal break is. A 1-hour mandatory meal break is legal. While the employer may agree with you to waive your meal break, but the employer does not have to agree to it.
Does an “on duty” meal trigger the meal penalty as well? For ex:
Hours worked: 6
Are 6 or 7 hours of pay expected?
Can your CA employer tell you when to take your lunch break? For example: Retail store tells you that you must take lunch at the 3 hour mark of your shift regardless of the length of your total work hours for that day.
Yes, employers are allowed to dictate an employee’s work schedule including the timing of rest & meal breaks.
If an emplyee, leavs for break, drives off the the dellie on company time, can he get in trouble
We have to work open to close usually 10 hrs on the clock and we are usually on our own, we are told that we cant leave the store for our breaks since we are alone, is that something that they can enforce?
I have a question. If I worked into my 6th hour due to a deadline and didn’t take my lunch break until later. Is my employer required to pay me the meal penalty of 1 hour? Is my employer also allowed to say “they did not approve me to work into my 6th hour” to deny payment of the 1-hour meal penalty?
Hi, thanks for all this great info!
If my employer is requiring me to take my lunch only 1hr after arriving, is this legal? Is there some limit to how soon I’m forced to take break. They’re doing it because they don’t have coverage — only one person on shift except all night for first hr of overlap when I just arrived and am forced to take lunch break (30 mins).
Thank you for any feedback!
A rest break must be taken before the meal break, as I understand it from other information on this site. I’m guessing if that doesn’t happen then you’re owed a rest break penalty hour of pay.
But I don’t think there’s anything illegal about having the meal break 1hr in to a shift.
Is it legal for my boss to require that all my breaks be “on-duty” and that I am expected to to work regardless if I am on break or not. Note I do receive a paid lunch due to having to be on-duty however I never receive the rest breaks uninterrupted at the time they should be; I’m expected to take them when I can get them which it is rare that I am not having to do something for my job
I think they would just owe a rest break penalty hour (1 max per day) as well as a meal break penalty hour for the on-duty lunch period. https://www.dir.ca.gov/dlse/faq_restperiods.htm
I am working part time of 6 hours per day, Monday through Friday, through an employment agency. I wasn’t given a choice but was told that I would get a break of 10 minutes during my 6 hour day and no lunch break. Although not paid for lunch break, I rather have time to get some food in my stomach. I am 5’7 and only weigh 115 lbs. So, I need to eat often as possible. What should I do? Do I need to bring this up to my agency or the company I am assigned to? I am afraid to bring this up because of possible retaliation.
Thank you for your anticipated help.
I believe you need to agree to a 6 hour shift because the meal break is due at 5 hours. “the meal period may be waived by mutual consent of both the employer and employee” https://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm
If you don’t agree, they have to give you meal break, or pay you a penalty hour (statute of limitations is 3 years; take copious notes on your ins and outs).
But to work within a 6 hour shift, you’d need to bring food to eat on your 10 min. break. And maybe find times where you can have a snack bar or something of that nature during work.
I ve a couple ? Can employer not pay over time because your job starts at 7pm and you dont finish the job till 6:30 am the next day i took a 1/2 hr lunch and 2 ten min beaks they say no overtime cause its 2 different days…and how bout start a job at 8pm to 3:15 am by the time we leave store i get home around 4am to leave 6 amto another job loation same company to stsrt 6:30 am till about 10:45 am how is my pay calculated
I clocked In at 4:30pm and my lunch break is at 5pm. I will work a full shift and won’t get off until 12am. Is this allowed?
I think it technically is, but I there might be something wrong with the timing if there’s no rest break before the meal break, as I currently understand it.
I have a question;
can my employer make me take 1 1/2 lunch so they don’t pay me OT? I am only working 8 hours.
Basically, yes… but it could be more nuanced. Here is some reading material:
As an hourly employee, if I work overtime past the 10th hour but not more than 12 hours, is it my right to waive a 2nd lunch?
The office manager insists that I clock out for the 2nd lunch after 10 hours but I have a feeling that she’s just trying to save the company 30 minutes of overtime pay.
Waiving has to be mutually agreed upon.
Employer is (or their agents, I assume, are) in charge of the schedule and when breaks are meant to happen.
Yes you have to take lunch after 10 hours, if you waive the lunch your employer is penalized and must pay you an additional hour
No, if both employer and employee agree to waive the meal period, there is no penalty pay. To waive the meal period due at 10 hours, the 1st meal period must not have been waived.
If both parties did not agree and the 10th hour is passed, then a meal penalty is due.
Can a boss count a long bathroom visit as 2 breaks.
What about in a service industry such as HVAC? Technicians are scheduled jobs throughout the day and sometimes they get “stuck” on a job at a customers home which prevents them from leaving to take their lunch. Are they considered exempt? Is the company penalized for the tech not leaving a customers home to eat and then come back? This is not healthy customer service and just upsets the customers. Even at best scheduling practices, technicians run into issues that may keep them on a repair longer than expected, thus missing the 5 hour mark. What does a company do in this case? Thank you in advance.
You pay the meal penalty, would be my guess.
The executive director of my job wants all of us to clock in and out for our 10 min break when we only work 5 hours or so. Is this legal i must know because she has told us in the meeting as well yet is not in the work handbook about clocking in and out for our 10 min.
I don’t know how your org is technologically setup, but at my place we have to hit “take a break” but we are paid for the break according to CA labor law. If you are not being paid for your breaks, I think you may want to have a conversation with your HR and/or a lawyer.
My manager is forcing employees to work 6 days a week, week days 14 hours and Saturday with 8 hours.. and he tells employees that if they don’t work these overtime hours, some temps are not going to get hire
Is this legal?
We employee around 25 full-time, hourly employees in California, who work between 8-10 hours a day, five days a week. They are all given a minimum 30 minute lunch break as well as two 15-min breaks during the day. My question is, can an employee and employer agree on the times of these breaks? Some employees want to take their lunch after working 3 hours, while others want to wait until they have been working 6 or 7 hours. I had heard their lunch needed to be completed within 5 hours, but if it’s the employees’ choice and the employer allows it, is it still a violation? As an employer, we want to accommodate our employee requests, but also don’t want to get in trouble later. Thoughts or advice?
In my opinion (as an Internet bystander) is that everyone should protect themselves by doing what is right according to the labor law.
Meals are due before the end of the fifth hour, so if someone works past that, a meal penalty (an extra hour of pay) is due. If you’re good paying that extra hour to accommodate requests, I don’t think there’s anything wrong with that. But if you don’t pay the meal penalty, there is a statute of limitations of 3 years that you could be liable for.
To your first question, the employer dictates the schedule, but it can be agreed with an employee that they would waive the meal period if they do not work more than 6 hours total in the workday.
Also, if you want to accommodate early lunch requests, that is cool too, so long as the rest breaks are still present in between clock in or out events.
Break (paid time): 10 or more min at 8am
Out: 9am (unpaid meal break) [early, at 3 hours]
Break (paid time): 10 or more min at at 1pm
Total on-the-clock hours of pay due: 8 hours
One thing I’m not clear on is if the 5 hour rule can be broken by an early meal. So, if we extended the above example to end at 4:30 that’d be 10 hours of work, but the final leg would be 7 hours long with only a rest break… that seems wrong to me, but I haven’t found anything detailing that particular scenario. Maybe Eugene can chime in.
Thanks Joshua, and I agree with your comments, but I am still wondering if an employee and employer can mutually agree that an employee could take their lunch break beyond their first 5 hours of the day (100% the employee’s choice that the employer agrees to). It would never be waived, just delayed to a later time in their shift. Some employees simply like to eat later, or meet friends at a later time, etc. and we wish to accommodate, if allowed.
Eugene (or anyone with specific knowledge of the answer) can you please chime in?
Devil’s advocate for a moment: If you and your employee agree to this, what is to stop them from later on down the road disagreeing with it and finding out that they are entitled to 3 years worth of penalty pay because your agreement does not override the DLSE’s rulings on the timing of meal breaks?
And if the employer has an avenue to prevent an employee from taking meals at proper times, isn’t that wrong?
Rather than answer any question on how can an employer get away with doing the wrong thing and not pay for it, here is the opposite question and answer:
Q. How does an employer satisfy its obligation to provide a meal period according to the law?
An employer is not required to ensure that no work is performed. However, an employer must do more than simply make a meal period “available.” In general, to satisfy its obligation to provide a meal period, an employer must actually relieve employees of all duty, relinquish control over their activities, permit them a reasonable opportunity to take an uninterrupted 30-minute break (in which they are free to come and go as they please), and must not impede or discourage employees from taking their meal period. (For employees in the health care industry covered by IWC Orders 4 or 5, however, minor exceptions exist as to the employee’s right to leave the employment premises during an off-duty meal period.) Employers may not undermine a formal policy of providing meal periods by pressuring employees to perform their duties in ways that omit breaks (e.g., through a scheduling policy that makes taking breaks extremely difficult). As the California Supreme Court has noted, “The wage orders and governing statute do not countenance an employer’s exerting coercion against the taking of, creating incentives to forego, or otherwise encouraging the skipping of legally protected breaks.” Which particular facts in any given case will satisfy the employer’s obligation to provide bona relief from all duty may vary from industry to industry. See Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004.
The agreement would be in writing and state what I said…. it’s the employee’s desire to change the timing of their lunch break. That’s it. We (the employer) are simply trying to accommodate an employees request. We aren’t trying to “prevent” anything. The breaks would still be uninterrupted, at least 30min, etc.
This question is not intended to look for some loophole in the system, we are simply trying to find out if we can help an employee who wants to eat later!
Without re-reading what we both wrote last month, why would you want to open yourself to risk of being in violation of the Division of Labor Standards Enforcement rule of the meal period timings?
If you really want to help your employee, give them the proper meal period and let them eat when they want.
Wow you sound like a great boss. Have a great day.
I work outside in construction in Palm Springs. It gets incredibly hot, so we start as early as we can. All of my fellow employees do not want to take lunch breaks as it causes more physical strain than just working through our 8 with breaks included. Sitting somewhere for 30 minutes cooling down, only to have to get back up and out into the sun is incredibly taxing and pushes the end of our day further into the hottest part of the day. Why in the “land of the free” are we forced into taking a lunch break? It should be my right to choose, is there absolutely no way to protect myself and my employer so we aren’t forced into this?
I lived in the Coachella Valley for 30 years and regularly saw workers taking breaks at 9am. I just assumed that was a sort of universal time to “lunch” in that industry.
That being said, I do see your point that it gets so hot (for me, every degree above 100 is like 10 degrees above 100), but when I worked in paint we had water breaks and meal breaks as normal. I wouldn’t want it any other way, but that’s me.
So, here’s what I’d point out to answer your question: “An ‘on duty’ meal period will be permitted only when the nature of the work prevents the employee from being relieved of all duty and when by written agreement between the employer and employee an on-the-job meal period is agreed to.”*
But also, “If your employer fails to provide the required meal [break] period, you are to be paid one hour of pay at your regular rate of compensation (this is referred to as meal period premium pay) for each workday that the meal period is not provided.”*
So, if you worked an 8 hour day, you’d get 9 hours of pay for not having 30 minutes of no work.
I work in a grocery store and I tend to work a total of 6-7 hours 6 days a week. I’ve been working here for 3 years so far and I’m now questioning how I’ve been being treated as other people are telling me I’m being mistreated. One can they make me work 6 days a week only giving me one day off each week. And second of all they give me my break at my 1 1/2 hour for 10 mins then tell me I need to take my lunch at my 2 1/2-3 hour of work so that they don’t have to worry about breaks and lunches later. Our lunches are 30 mins and then we don’t receive any additional breaks after our lunch is done. Is this kind of treatment legal or even fair.
The employer sets the schedule and (as I understand it) is in charge of sending you on breaks.
Rest breaks, in general, need to be in between clocking in and meal breaks or meal breaks and clocking out.
One: Yes, they can even ask you to work a 7th day, but you’d be automatically starting on OT if that happened: https://www.dir.ca.gov/dlse/faq_overtime.htm
Two: This is almost all right, but I believe you’re due a second rest break. The rest period is based on the total hours worked daily and must be at the minimum rate of a net ten consecutive minutes for each four hour work period, or major fraction* thereof.” (*anything more than two hours, unless the total hours worked in a day are less than 3.5) https://www.dir.ca.gov/dlse/faq_restperiods.htm
Because of two, I’d open a dialogue through HR and see what can be done. The statute of limitations on this stuff is supposed to be 3 years.
My boyfriend mostly works 5-6 hour shifts but sometimes when the store has to close later with no warning, he works 7 hours straight. And whenever that happens, his manager fixes the time sheet so that he doesn’t get overtime for the meal violation. Who should he contact if this continues?
Tel: (213) 992-3299
My wife recently started a new job as an Assisted Living Specialist and she was asked to sign a piece of paper that essentially gives up her right to lunch or uninterrupted breaks. She works 8-9 shifts and has to sneak in lunches between clients. She is also scheduled by management with back-to-back clients and not afforded any break time in between. I think this is illegal, but I don’t know if, by making her sign a contract, they’ve protected themselves.
There’s a lengthy document that details some things about healthcare industry workers that I don’t fully understand. I hope this helps: https://www.dir.ca.gov/IWC/WageOrder5_010102.html