California law has some of the most comprehensive protections for employees in the entire US. There are many aspects of California employment law that deviate from federal law, and if you are working in the state of California it is paramount that you understand these deviations.
For instance, while federal law does not mandate meal breaks for employees, California law does. According to the government of California, employees must have a 30 minute meal break when working more than 5 hours, and that employee must not be doing work during that time. Many people who work in California are not aware of these laws, and, as a result, unscrupulous employers take advantage of them.
What does meal and rest breaks look like?
California law does not mandate a paid meal break. However, if the employer is going to offer an unpaid meal break, that employee may not be doing anything related to work during this period of time. For example, if an employee is sitting at his or her desk and answering work emails during the 30-minute lunch break, then the meal break is a working break. The employer must pay the employee.
In addition to the meal period, California employees are also entitled to a 10 minute rest period every 4 hours. If the employee in question is working an 8-hour shift, he or she is entitled to two ten minute rest periods in addition to the 30 minute meal period.
There are some exceptions to this rule. Generally, if an employee is working alone and cannot be reasonably away from the workplace for a 30-minute period, then a special agreement can take place between the employee and employer in regard to the meal break.
For a free legal consultation, call 213-232-3128
What can I do if my employer does not provide a meal break?
If your employer is not meeting the standards of the law, you can take action. According to California law, for every single violation of meal and rest break periods that occur, the employee is entitled to an extra hour of wages for that day’s pay. So if the meal period is violated for 20 days, that means the employee is entitled to an extra 20 hours of wages.
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