Rest and Meal Breaks
California Labor Code section 512 establishes that non-exempt employees working more than 5 hours per day are entitled to one unpaid 30-minute meal break, to be taken before the end of the fifth hour of work. For shifts exceeding 10 hours, a second 30-minute meal break is required. Additionally, workers are entitled to 10-minute paid rest breaks for every four hours worked, or major fraction thereof.
During meal and rest breaks, employees must be completely relieved of duties and uninterrupted; otherwise, the break is unlawful/not provided. Rest breaks should be provided in the middle of work periods when possible. Employees must also be allowed to leave work premises during their breaks and employers must refrain from impeding or discouraging break-taking. If employees suffer a short, late, missed, or uninterrupted meal or rest break, they are owed an extra hour pay at their regular rate.
If your employer is not providing you or someone you know with lawful breaks, contact us immediately.
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