California has some of the most comprehensive employee protections in the country. One right that’s present here that’s not present in other states is that employees are required to take meal breaks. If an employer doesn’t provide meal breaks that are required by law, the employee must receive at least one additional hour of pay for each workday that the meal break is missed.
It’s up to employers to ensure that the employees are provided with these meal breaks. A valid meal period is one that lasts at least 30 consecutive minutes. During that period, the employee must be relieved of all work-related duties. They must be free to leave the grounds during the break.
If all of those are present, the meal period is unpaid. If an employer requires an employee to do any work-related tasks, even simply greeting a visitor or answering the phone, the entire meal period must be paid.
How often do employees get breaks?
An employee who works at least five hours must be provided with a meal break. If they work less than six hours, the meal break can be waived if the employee and employer both consent to the waiver.
A second meal period is required if the employee works at least 10 hours in their shift. If they work less than 12 hours, the employee and employer can mutually waive one of the breaks, but not both.
Employees who realize that they aren’t getting their required meal breaks may opt to file a complaint about the matter. Taking legal action is often something that employees should seek assistance to do because these cases can be rather complex.