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California State Law: Lunch and Meal Breaks
California State Law Lunch/Meal Breaks
(employees MUST be provided lunch/meal breaks)
For legal representation or counseling regarding your lunch and meal breaks, please call The Offices of Rhett T. Francisco. If you have to work through your lunch breaks, if you are not getting your lunch breaks or are having any other trouble regarding your lunch breaks give us a call. Below is some information regarding California's laws regarding lunch and meal breaks. If you feel that the information below applies in any way, give us a call to speak with Mr. Francisco or set up a meeting with an attorney.
Meal Breaks
If you work in California and work 5 or more hours in a day you must be offered a meal break of a minimum of 30 minutes. If you are working more than 5 hours in a day, without receiving a minimal 30 minute break, please feel free to contact us regarding this matter. You may be entitled to compensation. You can read more on this subject below or call to set up a meeting or speak with us on the phone.
More on California Meal and Lunch Breaks
The first meal break may be skipped if the employee and employer agree that the employee may skip the meal break so long as the work day does not exceed 6 hours and the employee is not being pressured to skip the break. Also, if agreed the meal break can be on-duty and count as paid time.
If a person works 12 or more house in a day then they are required to get 2 breaks of a minimum of 30 minutes for every 10 hours of work. If agreed, the second meal break may be skipped only if you (the employee) did not skip the first meal break.
The employer is obligated to clarify the meal break time may be taken off work premises. Any person on break is not required to do any work during a rest break and the employer shall clarify the employee is relieved of all work duties during meal breaks.
There are exceptions to these laws in certain industries such as healthcare, group home, and other industries. If you are unsure as to whether or not you are entitled please contact The Law Offices of Rhett T. Francisco for more information.
If the employee is not relieved of all duties while on break period the break shall be considered on-duty and be time paid.
On-duty meal breaks should only be taken when the work being done does not allow for being relieved of all duties and must be agreed in writing and an on-the-job meal beak shall be time paid. Also the written agreement should state the employee has the right t revoke the agreement at any time. California Code of Regulations, Title 8, ยง11040.
A meal break can not be taken at the beginning or end of a shift. For instance if an employee works 7 and a half hour shift and then wants to end his shift in lieu of taking the meal break it is unlawful since the work period exceeds the 6 hour limit.
On Premise Meal Breaks
If employees are required to eat on the premises, there must be a designated place where the employees can take their break with the exception of employees covered by IWC Order 16-2001 (construction, mining etc.), however the employer must provide adequate water, soap and other cleaning materials for the employees.
Under most of the IWC Orders, if a meal period occurs on a shift beginning or ending at or between the hours of 10 p.m. and 6 a.m., there must be a place for the employees to get hot food and drink or a means by which employees can heat food or drinks, as well as a place to eat/drink. If an employee is in the motion picture industry, hot meals and hot drinks must be provided for employees who work after midnight, except off-production employees regularly scheduled to work after midnight.
Exceptions
There are a few exceptions to the examples stated above however lunch breaks and general meal breaks. However, California has high standards when it comes to employee health and benefits. If you feel as if you are not getting what you deserve or that your rights a working person are being violated and that the agreement you have with your boss is not fair, give The Law Offices of Rhett T. Francisco a call and we will obtain for you what you have a legal right to.
Discrimination
If an employee takes action against you for asking about meal periods such as terminating your job or docking pay without regard to California labor laws call The Law Offices of Rhett T. Francisco for legal advice.