![]() Larger employers are often very cautious about avoiding penalties under California meal and rest break law. Can my employer force me to take meal and rest breaks in California? (3) does not impede or discourage the employee from taking a break. (2) relinquishes control over what the employee does with their time and (1) relieves the employee of all job duties The rule under California break law is that an employer must give employees a “reasonable opportunity” to take meal and rest breaks, during which the employer: An employer cannot pressure workers to skip breaks-whether by directly asking workers to skip or imposing deadlines that are impossible to meet without skipping breaks. In contrast, meal breaks are unpaid, so an employee who chooses to skip meal breaks may get paid for more hours, or can end their workday earlier. But rest breaks are paid, so there’s no direct monetary benefit to skipping rest breaks. Employees can choose to keep working through their breaks. No, California employees do not have to take their meal and rest breaks. Message Us Do I have to take my meal and rest breaks under California labor law? ![]() And the chart counts the meal break as part of the “shift.” How long is your shift? The below chart assumes that if a meal break is offered during a work-shift, that it is taken. For example, an employee who works 8 am to 5:30 pm, with one 30-minute meal break, has only worked 9 hours, and therefore isn’t entitled to a second meal break. When calculating how many meal breaks an employee gets, California break law does not include the time spent during an earlier meal break. Chart Summarizing California Meal Break Law But, because he spends 1.5 hours of his 18-hour shift on meal breaks, John will be paid for only 16.5 hours of work. And after he’s worked another five hours, he gets a break for dinner. ![]() After he’s worked another five hours, he gets a lunch break. After the first five hours of work, John gets a break for breakfast. How many meal breaks does his employer have to give him? Answer. Meal breaks are unpaid, but must be uninterrupted, and employees must generally be permitted to go off-site for their meal.Įxample: John works 18-hour shifts in California. Under California labor law, employers must allow their employees to take a 30-minute meal break after every 5 hours of work. When do I get a meal break under California break law? round down when the employee works a partial shift. The below chart summarizes California rest break law on when breaks are required, and when to round up vs. Chart Summarizing California Rest Break Law Because he works more than 6 hours, you round up to 8 hours for determining rest breaks. ![]() Is he entitled to 1 paid rest break or 2? Answer. During every subsequent 4-hour period, you round up if the employee works at least 2 hours.Įxample: John works 7-hour shifts in California. The California labor code, Division of Labor Standards Enforcement, and California courts have said that during the first 4-hour period, if the employee works at least 3.5 hours, you round up (to 4). Show More When do I get a rest break under California break law?Īlthough the general rule of thumb for California break law is that employees get a paid 10-minute rest break for every 4 hours of work, what happens if an employee works less than a full 4-hour period? When are California employees entitled to meal breaks?Ĭhart Summarizing California Meal Break Lawĭo you have to take your California meal/rest breaks?Ĭan a California employer force you to take breaks?Īdditional Q&A about Breaks in California When are California employees entitled to rest breaks?Ĭhart Summarizing California Rest Break Law
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