Employees in California have very specific rights that are built into state law. Some of these rights are above and beyond what other states offer. It’s critical that all employees in this state understand their rights so they can ensure their employers comply with them.
One of the benefits that California workers have that’s not present in many other states is the right to take a lunch break.
Meal period requirements
Meal periods are required for any employee who has worked at least five hours in a shift. The employee can waive the break with their employer’s permission if they don’t work more than six hours in the shift. Employees who work longer shifts, particularly those that are 10 hours or longer, are required to have a second meal period. Only one of the two required meal periods can be waived if the employee works less than 12 hours.
Meal periods in California are unpaid breaks. Once the employee clocks out for the meal period, they must be relieved of all work-related duties until they clock back in. If the employee is expected to do any work during their meal period, even if it’s as small as greeting a customer walking in the door or answering a call, they must receive compensation for the entire meal period.
Employers sometimes try to skirt around those meal period requirements, but doing so can come with significant penalties. An employee who’s not receiving the meal periods they’re due may opt to pursue legal action. Working with someone familiar with these matters may be beneficial because these matters can sometimes become complex.