![]() ![]() This requirement is interpreted to mean that if an employee works at least three (3) and one half hours they must receive their rest break. In California, employers must provide their nonexempt employees at least ten (10) minutes of rest period for each four (4) hours, or a substantial fraction thereof. The written agreement must state that the employee may, in writing, revoke the agreement at any time. No definition for “suitable place” is provided in the California regulations.Īn “on-duty” meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty and when an on-the-job paid meal period is agreed to in writing by all parties. In all places of employment where employees are required to eat on the premises, a suitable place for that purpose must be designated. The meal break can be unpaid so long as the employee is permitted to leave the employer’s premises during the break. For employees who work more than ten (10) hours in a day, they are entitled to another thirty (30) minute meal break but they can waive the meal break if they don’t work more than twelve (12) hours and have not already waived the first meal break. If employees work not more than 6 hours in a shift they can waive the meal break. The meal break must be provided within the first 5 hours of the workday. ![]() ![]() Under California wage and hour law, all non-exempt employees must receive a thirty (30) minute lunch or meal break if they work more than five (5) hours in a day. Therefore, its critical for employers to understand their obligations and best practices when dealing with meal and rest periods. These claims can amount to very large awards of penalties. Additionally, if the meal and rest period violations occur across the board to all or many employees, such violations can serve as a basis for a Private Attorney General Act (“PAGA”) claim on behalf of all employees. Under California law, an employee is entitled to an hour of pay for any missed or interrupted meal or rest period that an employee is not provided each day (for a maximum limit of two hours of penalty per day) going back over four years. A common wage and hour issue targeted by savvy Plaintiff’s employment attorneys is whether employers correctly and accurately provide meal and rest periods to their non exempt employees. ![]()
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