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Meal Break California FAQ

Under California law, non-exempt employees are entitled to one unpaid 30-minute meal break, and two paid 10-minute rest breaks, during a typical 8-hour shift. Employees must receive their off-duty meal breaks before the end of the fifth hour of work.

Employers must authorize and permit uninterrupted rest breaks for all nonexempt employees whose total daily work time is at least 3.5 hours. These mandatory rest breaks must be offered at the rate of 10 minutes for every four hours worked, or "major fraction" thereof.

Under California Labor Law, employers must allow employees working in California to take a 30-minute meal break after every 5 hours of work. Meal breaks are unpaid, but must be uninterrupted and the employees are permitted to go off-site and spend the time on any of their personal business.

These two court decisions require California employers to carefully draft rest break policies. Rest breaks should not be combined, either with each other or with meal periods. Nor should a ten-minute rest break be divided into smaller parts (such as two five-minute breaks).

Employees must also receive a 30-minute unpaid meal break for every five hours they work. They can waive their right to take a meal break only if they work no more than six hours. A second break must be provided after 10 hours but can be waived if the first break was taken.

An Overview of Employee Rest Periods in CaliforniaIf you work from a.m. to p.m., for example, your employer must give you at least two paid 10-minute breaks and one 30-minute meal break. If you work longer than 10 hours in one day, the law entitles you to two 30-minute meal breaks.

Rest Break

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Meal Break California FAQ

How many breaks do you get in an 8 hour shift in California?

Are 15 minute breaks required by law in California?

What is the California meal break law?

Can you combine breaks in California?

What are the meal and rest break requirements for California employees?

Can you combine rest and meal breaks in California?

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