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California Labor Code 512 is the state statute that gives certain employees the right to an unpaid meal break during their shift. The law is meant to allow employees to have a rest during their workday. It is also meant to prevent employers from keeping employees on the clock for too long without a break.
1. What are the lunch break requirements under California labor law? Hours WorkedLunch Break Required 6 or more hours but less than 10 hours 30-minute lunch break required 10 or more hours but less than 12 hours 30-minute lunch break required 12 or more hours 30-minute lunch break required2 more rows
Chart Summarizing California Meal Break Law How long is your shift?Number of Meal Breaks You're Entitled To Less than 5 hours 0 meal breaks 5 – 10 hours 1 meal break 10.5 – 15.5 hours 2 meal breaks 16 – 21 hours 3 meal breaks
Meal breaks Hours worked by non-exempt employees in CaliforniaUnpaid meal breaks More than 5 to 10 hours 1 More than 10 to 15 hours 2 More than 15 to 20 hours 3 More than 20 hours 41 more row
In California, the general overtime provisions are that a nonexempt employee 18 years of age or older, or any minor employee 16 or 17 years of age who is not required by law to attend school and is not otherwise prohibited by law from engaging in the subject work, shall not be employed more than eight hours in any ...
Under California law (IWC Orders and Labor Code Section 512), employees must be provided with no less than a thirty-minute meal period when the work period is more than five hours (more than six hours for employees in the motion picture industry covered by IWC Order 12-2001).
Can I Waive my Rest Breaks? Yes, employees are not required to take a rest break; employers must make rest breaks available.
Under California Law, non-exempt employees working in California can sign a waiver with their employer, stating that they will not take a meal break as long as their shift is less than 6 hours in a day. Such waivers are not permissible if the employee works for more than 6 hours uninterrupted in a single shift.
Employers cannot require employees to request rest breaks; instead, they must facilitate these breaks and ensure they occur. This is because rest breaks are considered a legal right under California law, not a matter of personal discretion.