In order to protect the health and wellbeing of employees, the state of California regulates meal and rest periods in the workplace. Hourly employees are subject to the following meal and rest period guidelines, unless a voluntary written waiver of a meal period has been signed:
|Hours in Shift||Meal and Rest Periods|
|5 hours||one 30 min break, one 10 min break|
|10+ hours||two 30 min breaks, two+ 10 min breaks|
In addition, using the restroom does not count as a rest period, nor does working through a meal period entitle employees to leave early. An employer’s failure to provide sufficient rest periods may subject them to penalties and entitle the employee to extra pay. If you are not permitted appropriate meal and rest periods, contact Carlin & Buchsbaum to discuss your legal options.