Meal and Rest Breaks under California Law
Kalley Aman has been a shareholder at the Los Angeles law firm Buchalter, APC, for over 17 years. Kalley Aman represents employers in a variety of industries and specializes in employment law. Kalley Aman routinely defends individual and class action lawsuits alleging wage and hour violations, including missed meal and rest periods and unpaid overtime.
In California, non-exempt employees must be provided an uninterrupted one-half (½) hour unpaid meal period for every five (5) hours worked. The one-half (½) hour meal period must begin before the end of the fifth (5th) hour worked, and another uninterrupted one-half (½) hour meal period must be taken before the end of the tenth (10th) hour worked in one day.
Employees who are scheduled to work no more than six (6) hours but more than five (5) hours in a given day are permitted to waive their meal period and receive full compensation for their time worked. That is to say, employees scheduled to work for six (6) hours in a given day need not take their lunch break after five (5) hours (only to return for an hour), but may instead work throughout if they choose to waive the meal period. Similarly, employees that are scheduled to work more than ten (10) hours in one day but less than twelve (12) are permitted to waive their second meal period. However, if an employee did not take his or her first meal period, he or she is not eligible to waive the second meal period.
In California, non-exempt employees must be provided an uninterrupted one-half (½) hour unpaid meal period for every five (5) hours worked. The one-half (½) hour meal period must begin before the end of the fifth (5th) hour worked, and another uninterrupted one-half (½) hour meal period must be taken before the end of the tenth (10th) hour worked in one day.
Employees who are scheduled to work no more than six (6) hours but more than five (5) hours in a given day are permitted to waive their meal period and receive full compensation for their time worked. That is to say, employees scheduled to work for six (6) hours in a given day need not take their lunch break after five (5) hours (only to return for an hour), but may instead work throughout if they choose to waive the meal period. Similarly, employees that are scheduled to work more than ten (10) hours in one day but less than twelve (12) are permitted to waive their second meal period. However, if an employee did not take his or her first meal period, he or she is not eligible to waive the second meal period.
