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Meal and Break Obligations In California. You cannot employ someone for more than five hours without providing an unpaid, off-duty meal period of at least 30 minutes. The first meal period must be provided no later than the end of the employee's fifth hour of work.
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.
If you have worked five hours or more, your workplace is required to give you a 30-minute meal break. Your meal break should begin sometime before the last hour of your shift. It is not required for you to take this meal break. If you have worked less than 6 hours in a day, you can agree to forego your meal break.
Basic requirement for meal break: An employee working for at least 5 hours in a single shift but less than 6 hours is entitled to one meal break lasting at least 30 minutes. Any employee working for more than 10 hours in a single shift is entitled to take 2 meal breaks comprising 30 minutes each.
Contact DIR to request an interpreter over the phone: Office NameTopicPhone Numbers Cal/OSHA Workplace Safety and Health 833-579-0927 Labor Commissioner's Office Wages, breaks, retaliation and labor laws 833-526-4636 Division of Workers' Compensation Benefits for work-related injuries and illnesses 1-800-736-74011 more row
Generally yes, an employer can require an employee to take lunch or rest breaks (although not required by law in some states) for any given amount of time.
If you decide to voluntarily skip or waive your meal or rest break, or to take them late, with no pressure or encouragement from the employer, then that is legally permitted.
In California, ing to labor laws, employees can waive their lunch break if their work shift is six hours or less. However, it's essential to note that this waiver must be mutually agreed upon by both the employer and the employee.
An employee must earn no less than two times the state's minimum wage for full-time work to meet this initial requirement of the exemption test. As of January 1, 2025, employees in California must earn an annual salary of no less than $68,640 to meet this threshold requirement.