Requirements for Rest Breaks in California Hours WorkedNumber of 10-Minute Rest Breaks 0 to hours 0 to 6 hours 1 to 10 hours 2 10.01 to 14 hours 31 more row
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.
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.
California Employers and Employees may Mutually Waive a Meal Break. An employee and an employer may mutually agree that the employee will waive (or relinquish the right to) a meal break. California Labor Code § 512(a) .
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.
Employers who make it difficult or impossible for their workers to take these legally-protected breaks owe their workers compensation for forcing them to miss their breaks. Should they fail to provide this compensation, these employers could face a lawsuit based on California law.
You must start and end all Meal and Rest Periods in a work status. You cannot use a Meal or Rest to leave work early or show up late. That said, some offices allow it - and again are violating federal law in doing so.