Wage and Hour Law

Meal and Rest Periods

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.

If you are not permitted proper meal and rest periods, the attorneys at Carlin & Buchsbaum can help you get the working conditions you are legally entitled to.