Employment Law With Breaks In Alameda
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FAQ
In California, the law does not specifically require employers to provide a designated break room. However, employers must provide a suitable place for employees to take their meal and rest breaks.
OSHA has a standard—1910.141(g)(2)—that addresses requirements for bathroom facilities, and one subsection forbids consuming food and drink in toilet areas or areas exposed to toxic metals, but it does not mandate that a break or kitchen space be provided.
No, under California law rest period time is based on the total hours worked daily, and only one ten-minute rest period need be authorized for every four hours of work or major fraction thereof.
Politely express your concerns and remind them of the break policy. It's possible they may not be aware of the issue. Speak to HR: If the situation doesn't improve after talking to your supervisor, consider reaching out to your Human Resources department. Present your documented evidence and explain the situation.
California requires employers to provide employees with ten-minute rest breaks for every four hours (or major fraction) worked. Anything over two hours is a “major fraction” of a four-hour period.
California Meal Break Law Requirements If you work over 5 hours in a day, you are entitled to a meal break of at least 30 minutes that must start before the end of the fifth hour of your shift. BUT, you can agree with your boss to waive this meal period provided you do not work more than 6 hours in the workday.
In compliance with California labor laws, nonexempt employees are entitled to an unpaid meal or lunch break lasting a minimum of 30 minutes for shifts exceeding five hours. This break, which should commence before the completion of the fifth hour of work, can be waived only if the workday does not surpass six hours.
