California Mandatory Breaks For Employees
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FAQ
In California, employees cannot simply refuse their designated lunch breaks if they work more than five hours. However, if your workday is shorter and you prefer not to take a lunch break, you can waive it, but only under specific circumstances. Awareness of California mandatory breaks for employees ensures you know your rights regarding lunch breaks. Employers should inform employees about their break policies to avoid misunderstandings.
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).
California employment law requires employers to give non-exempt employees (which means ?hourly? employees) one 10-minute rest break for every four hours of work. This break is paid and must be ?uninterrupted? ? meaning the boss can't ask the employee to do any work during the break.
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.
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.
