California has detailed rules governing meal periods and rest breaks for many nonexempt employees. Whether a break violation occurred can depend on the length of the shift, timing, waiver rules, industry, and whether the employee was actually relieved of duties.
Meal Periods
As a general rule, many nonexempt employees who work more than five hours are entitled to a 30-minute meal period, subject to lawful waiver rules in certain shorter shifts. Longer shifts can trigger a second meal-period requirement.
Rest Breaks
Many nonexempt employees are entitled to paid rest breaks based on total hours worked, generally at the rate of ten minutes of rest for every four hours worked or major fraction thereof, subject to applicable rules.
The Break Must Be Genuine
A meal period generally must be duty-free unless a lawful on-duty arrangement applies. Rest breaks also must be authorized and permitted. Employees should not be pressured to work through required breaks.
Premium Pay and Other Remedies
California law can require premium pay when an employer fails to provide legally compliant meal or rest periods. The exact remedy depends on the facts and current law.
Keep Schedules and Time Records
Preserve timecards, schedules, messages, staffing records, written policies, and notes about missed, late, interrupted, or on-duty breaks.
Contact North Law
If you believe your employer regularly denied lawful meal or rest breaks, contact North Law for a free confidential consultation.