California Meal Breaks For Exempt Employees
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FAQ
Exempt employees in California generally must earn a minimum monthly salary of no less than two times the state minimum wage for full time employment. Simply paying an employee a salary does not make them exempt, nor does it change any requirements for compliance with wage and hour laws.
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.
Like overtime laws, meal and rest breaks requirements in California apply majorly to non-exempt workers. Exempt employees may be entitled to unpaid meal breaks, but most of them are not eligible for rest breaks. The most significant category of California exempt workers is white-collar exempt workers.
Exempt employees are entitled to meal breaks, but not rest breaks. Generally, there are three requirements for an employee to be classified as exempt: Salary must be at least twice the state minimum wage for full-time employment; Primary duties must be administrative, executive, or professional tasks; and.
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.
