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Work State Law For Breaks In Oakland
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State:
Multi-State
County:
Oakland
Control #:
US-002HB
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FAQ
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.
For an 8-hour work shift, employees are entitled to a minimum 20-minute uninterrupted break if they work more than six hours. The break should not be taken at the beginning or end of the shift, and employees must be allowed to take it away from their workstation.
Employers must authorize and permit uninterrupted rest breaks for all nonexempt employees whose total daily work time is at least 3.5 hours. These mandatory rest breaks must be offered at 10 minutes for every four hours worked, or "major fraction" thereof.
Yes! ing to the Department of Labor (DOL) and the Fair Labor Standards Act (FLSA), it is legal for employers to automatically deduct lunch time. That is, of course, if the employee actually takes lunch.
In California, there is no law requiring a minimum number of hours between shifts. Therefore, it is legal to be scheduled with any amount of time between shifts, including less than 8 hours. This applies throughout the state.
Employers must get an employee's written agreement in advance for taking on duty meals. Workers must also be able to withdraw their consent to this arrangement at any time. In California, ing to labor laws, employees can waive their lunch break if their work shift is six hours or less.
Rest Break Requirements The specific requirements are as follows: If you have worked for at least 3.5 hours, you are entitled to a 10-minute rest break. You are allowed to skip your rest break, but you are not required to work during a rest break. Your rest break must be at least 10 minutes of uninterrupted time.