California Labor Law Breaks Common Violations
California labor law , breaks such as meal periods and rest periods should be given to employees, and if employers do not follow the following guidelines, they are required to provide certain compensation as stated under in California wage and hour law. California is one of only a few with State overtime laws that regulate breaks as the Federal Fair Labor Standards Act (FLSA) does not make provisions for mandatory breaks.
California Labor Law: Breaks for Meals
Under - Most occupations require a meal break after 5 hours of work if working over a 6 hour day
- Under California lunch breaks should be free of all work related activities
- Working and eating at your desk is not a proper meal break
- Watching the store while you are eating is not a proper meal break
- Additional pay is required for any meal breaks with which work duties are performed
- Additional compensation of 1 hours pay for every day you missed a break is also required under California labor law
- If you work over 10 hours a day, you are entitled to 2 thirty minute meal breaks
- For days worked over 10 hours, your meal periods must be no more than 5 hours apart
- An Additional 1 hour of pay is required if you do not receive both meal breaks
- If you work over 3.5 hours in one day, you are entitled to a mandatory rest break of 10 minutes
- Rest breaks are to be spaced in the middle of each work period
- Rest breaks are considered work and should be compensated
- Bona fide exempt employees are not covered for rest breaks.