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Meal & Rest Breaks in California -- 5 Things to Know



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In this video employment law attorney Neil Shouse explains when California employers are required to give meal and rest breaks.

More info at https://www.shouselaw.com/ca/labor/wage-and-hour/meal-and-rest-breaks/ or call 1-(877)-SUE-MY-BOSS for a free consultation.

Here in the state of California, employers are required to give lunch breaks, or meal breaks, as well as rest breaks, to all non-exempt employees. Most hourly and salary-based employees are considered non-exempt employees. While exempt employees, who are not entitled to meal and rest breaks, are such workers as independent contractors, white-collar supervisors, and many unionized workers whose union officers have negotiated on behalf of their members for exemption from lunch and rest break laws.

But whether or not an employee is entitled to a meal break also depends on the amount of hours they work in a workday. Because, even for non-exempt employees, if they work 5 hours or less in a workday, they are not entitled to be granted meal breaks by their employers. But any non-exempt employee who works more than 5 hours in a given day, is required by California law to be given the option of a 30 minute unpaid meal break. However non-exempt employees who work 6 hours a day or less, can refuse the meal break if they so choose. While employees who work more than 6 hours in a given day are required by California labor law rules to take a meal break, whether they choose to ask for a meal break or not.

And no matter whether a meal break is required by California law or not, every non-exempt employee is entitled to a 10 minute rest break every 4 hours that they work. If possible, the rest breaks must take place near the middle of the employee's 4 hour work shift. Thus a non-exempt employee who works 8 hours or more in a workday, would be entitled to not only a meal break, but also two 10 minute rest breaks.

Employees who are denied their lawful meal or rest breaks in the state of California, are entitled to at least 1 hour pay for each meal or rest break that was denied to them. An experienced labor law attorney can help to file a lawsuit on behalf of employees who are denied their rights as California workers.

If you or a loved one has had your labor rights violated by a boss, supervisor, or employer we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.
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