This meal period cannot be waived, even if the employee and employer agree to do so in writing. However, if an employee works longer than 10 hours in a single day, they must be provided a second meal time of 30 minutes or longer. FAQs Q: Can an Employee Choose Not to Take a Lunch Break in California?Ī: An employee may choose to waive their meal period if they are working a job at most six hours in duration and if the employee and employer agree to waive the meal break in writing. You must understand and take advantage of the California lunch break law to protect your rights and ensure that you are getting paid for all your hours without ceding any of your essential rights. This is a strong incentive for your employer to comply with the California lunch break law in the future. If you are successful in your claim, you may be entitled to recover damages, including unpaid wages and liquidated damages, as well as your attorneys’ fees and costs. An employment attorney can review the facts of your case and advise you on your options for pursuing a claim against your employer. If you believe your employer is violating the California lunch break law, you should consult an experienced employment lawyer. What Should I Do if My Employer is Violating the California Lunch Break Law? In addition, the employee may be entitled to recover their attorneys’ fees and costs if they prevail in a lawsuit against their employer for violating the California lunch break law. These damages may include the amount of any unpaid wages that the employee was entitled to receive and an additional amount equal to the unpaid wages as liquidated damages. If an employer violates the California lunch break law, the employee may be entitled to recover damages. What Are the Penalties for Violating the California Lunch Break Law? However, the employee must still receive a first meal break of 30 minutes or longer, and the waiver of the second meal period must be in writing and signed by the employee.
In addition, if the employee is working on a job that is at most 12 hours in duration and the employee and the employer agree to waive the second meal period, the employee may waive the second meal period. However, the employee must still receive a meal time of 30 minutes or longer if they work 10 hours or longer in a single day. For example, if the employee is working on a job at most six hours in duration and the employee and the employer agree to waive the meal break, the employee may waive the meal break. In addition, if the employee works 10 hours or longer in a single day, the employer must provide a second meal time of 30 minutes or longer, which must be provided by the 10th hour of work.Īre There Any Exceptions to the California Lunch Break Law?Ī few exceptions to the California lunch break law may apply in certain circumstances. However, if the employee must remain on the work premises during the meal break, the employer must pay the employee for the entire meal period.
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Therefore, the employer is not required to pay the employee for the meal break as long as the employee is relieved of all duties and is free to leave the work premises. This meal time must be by the end of five hours of work.ĭuring meal breaks, the employee must be relieved of all duties and free to leave the premises. The California lunch break law is a state law that requires employers to provide their employees with a meal time of 30 minutes or longer for every five hours of work.
By better understanding the state’s laws, you can ensure you get the breaks you are supposed to receive. These are designed to ensure you get the rest and nutrition you need daily without compromising your work. We have reviewed our content for bias and company-wide, we routinely meet with national experts to educate ourselves on better ways to deliver accessible content.įor 15 years our company has published content with clear steps to accomplish the how, with high quality sourcing to answer the why, and with original formats to make the internet a helpful place.California Lunch Break Law 2023 – All You Need to KnowĪs an employee in California, it is important to understand your rights and protections under the state’s lunch break laws. Our commitment is to provide clear, original, and accurate information in accessible formats. We are incredibly worried about the state of general information available on the internet and strongly believe our mission is to give voice to unsung experts leading their respective fields. Our content experts ensure our topics are complete and clearly demonstrate a depth of knowledge beyond the rote.
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