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The California Labor Code provides that employees who work more than five (5) hours in a day are entitled to a thirty (30) minute meal break. However, if the employee is working no more than six (6) hours in a day, the employee may waive their meal break.
If you work more than 6 hours you are entitled to a 30-minute break, which can include the first 15-minute break. There is no entitlement to be paid for these breaks, and they are not considered working time.
In general for these states, working eight hours straight without a paid break is illegal. Employers who violate state laws are subject to fines and sanctions. States not on this list don't mandate paid rest periods, but they may mandate unpaid ones.
Employers must provide employees with at least a 30-minute meal break for every 8 hours of continuous work. In addition, employees must be provided with at least a 10-minute rest break for every 4 hours worked in a day. If the employee's total work time is 3 ½ hours or less, then a break is not required.
In general, you are entitled to a 15-minute break when you have worked for 4 ½ hours. If you work more than 6 hours you are entitled to a 30-minute break, which can include the first 15-minute break. There is no entitlement to be paid for these breaks, and they are not considered working time.
Meal Breaks California requires employers to provide a 30-minute meal break once the employee has worked five hours. An employer does not have to pay for this time. In other words, meal breaks are unpaid. If the entire workday will not exceed 12 hours, the employee may waive the right to a second meal break.
California Meal Break Law Requirements If you work over 5 hours in a day, you are entitled to a meal break of at least 30 minutes that must start before the end of the fifth hour of your shift. BUT, you can agree with your boss to waive this meal period provided you do not work more than 6 hours in the workday.
Second 30-Minute Meal Break Employers must provide a second meal break of no fewer than 30 minutes for all workdays on which an employee works more than 10 hours. An employee can waive the second meal period only if all the following conditions are met: The total hours worked on that workday are not more than 12.
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