Employers must always ensure they’re in compliance with all applicable wage and hour laws. For those in California, doing this can be rather complicated because this state has protections for employees that other states don’t have.
In this state, employers are required to provide employees with meal breaks if the employee’s shift meets specific requirements. Understanding these is critical, so the company doesn’t face legal claims by the employee or compliance penalties from the state.
What are the meal break requirements?
Meal breaks are unpaid as long as the employee is completely relieved of all work duties. If the employee has any work duties to perform, including things like watching for customers or answering the phone, the meal period must be paid.
The break must be at least 30 minutes during which the employee isn’t under the employer’s control. They should be free to leave the premises.
A meal break is required if the employee works five hours in a shift, but they can waive the meal break if they work up to six hours. If the employee’s shift is over 10 hours, they must have a second 30-minute meal break, but they can waive one of those two meal breaks if they work less than 12 hours.
All employee meal break policies must be clearly established to ensure compliance. Any employer who receives a complaint from an employee about this should investigate the matter. Any non-compliance should be addressed swiftly. If an employee takes legal action, it behooves employers to have someone on their side who can assist with defending the company.
