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#Lunch break laws california plus

If you can’t relieve the employee to take the meal break:Įmployees can take on-duty meal periods only in certain (limited) circumstances. The employer and the employee both agree to waive the break.Employee will not work more than 15 hours that day.

ALL of the following conditions must be true to waive this third break: Just as with the first two rules, this third meal break can be waived only certain conditions are met. If an employee in California works more than 15 hours, the employer must provide a third 30-minute meal break, and the break must take place before the end of the 15th hour. The first meal break of the workday was not waived.Both employer and employee agree to waive the break.

Employee is not working more than 12 hours that day.

This second break can be waived only if ALL of the following conditions are met: If an employee in California works more than 10 hours, the employer must provide a second 30-minute meal break, and the break must take place before the end of the 10th hour. If the employee is not working more than 6 hours, then the meal break may be waived, so long as both the employee and employer agree to do so.

Does not impede or discourage their employee from doing taking a break.

Permits the employee a reasonable opportunity to take an uninterrupted, 30-minute break.

Relinquishes control over the employee’s activities.

A meal break can be unpaid only if ALL of the conditions below are met by the employer: If an employee in California works more than 5 hours, then the first meal break must be provided before the end of the 5th hour. Related: 3 Kronos Mistakes that Could Cost You $4,554 per Employee Are You Compliant with California Meal Break Legislation? Let’s start with the Off Duty Meal rules. Of course, Kronos can help you ensure all state rules are being followed and maintain documentation of each break in case a dispute should arise-not to mention saving you significant admin costs. Recent court decisions have increased the potential for large financial fines. If not, the company will be subject to costly consequences. It’s important to note that there are exceptions: ( )to these general meal break requirements in certain industries, such as health care and construction, as well as under some collective bargaining agreements.Home > Insights > Complying with California Meal Break Law in Kronos Workforce CentralĬalifornia meal break state laws can be very challenging for employers to comprehend, but employees know these laws and their rights and systems must be established to ensure companies are meeting their legal obligations.

#Lunch break laws california plus

Although Jane would be paid eight hours for the day (four hours worked plus four hours of sick leave) she would not actually work enough hours to trigger the meal break requirement. If Jane was planning to leave work at noon for a medical procedure and use sick leave for the rest of the day, she would not be entitled to a meal break because she would be working less than five hours. to 4:30 p.m., and normally takes a half-hour lunch around noon. Jane regularly works an eight-hour day from 8 a.m. It’s important to remember though that all required 10-minute rest breaks do count as time worked for calculating meal break requirements, even though employees are not working during their rest breaks.Īnother situation that sometimes causes confusion is where an employee takes time off during the day, such as for a medical appointment, and uses paid leave time: The law looks to how many hours the employee actually worked, not the total number of hours of the assigned shift. But since Joe’s shift is 10 hours and 15 minutes long, is he then entitled to a second meal break? The answer is no since Joe actually worked only nine hours and 45 minutes because he took a 30-minute meal break. Because Joe is scheduled for more than six hours, he of course must take at least one 30-minute meal break. to 6:15 p.m., which is 10 hours and 15 minutes. When calculating hours worked, we look at the total shift length and subtract out any unpaid meal periods or other time off. However, that second meal break may be waived by mutual consent so long as the employee works no more than 12 hours and as long as the first meal break of the day was actually taken.Ĭonfusion over meal break requirements can arise when comparing shift length to hours worked.

A second 30-minute meal break is required if the employee works more than 10 hours.

The employer and employee can mutually agree to waive the meal break so long as the employee works no more than six hours.

An employee who works more than five hours is required to take to an unpaid meal break of at least 30 minutes.

Compliments of HRWatchdog – HR Californiaįirst, let’s take a look at the basic meal break requirements for nonexempt employees in California: