California Leave Law With Lunch Breaks
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FAQ
California allows you to skip meal periods without triggering legal issues for your employer if you volunteered to do so. If you don't work more than six hours, you can also skip your meal break for any reason. You may legally waive your meal break if you work more than six hours.
Most California workers must receive the following breaks: An uninterrupted 30-minute unpaid meal break when working more than five hours in a day. An additional 30-minute unpaid meal break when working more than 12 hours in a day. A paid 10-minute rest period for every four hours worked.
Rest breaks are counted as hours worked, and thus, employees are not required to record their rest breaks on their timecards or in the company's timekeeping system. It is company policy to relieve employees of all duty during their rest breaks, so that employees are free to use their rest break time as they wish.
The California Wage Orders give employees the right to periodic (10) minute, paid rest periods. Unlike statutory meal periods, paid rest periods do not need to be recorded on timekeeping documents (e.g. time clock, timesheets).
Meal Breaks Nonexempt California employees must be given a meal or lunch break for a minimum of 30 minutes for shifts longer than five hours. This break is unpaid, uninterrupted, and must begin before the end of your fifth hour of work. This break can be waived if your work day isn't longer than 6 hours.
