Today, we’ll take a look at certain situations where an employee may not be entitled to an uninterrupted meal break. In our previous post, we discussed that an employer must fully relieve employees of all duties during their meal breaks.
Understanding Meal Breaks During Work
A meal break refers to a 30-minute period during which employees must be completely relieved of duties and allowed to use the time freely for personal matters. Under California labor law, employers are legally required to provide meal breaks to non-exempt employees who work beyond a certain number of hours. (For more information on exempt employees, please refer to our previous blog post.)
While it is called a “meal” break, there is no requirement that employees must eat during this time, nor are employers obligated to provide food. However, during this break, employees must be free to leave the premises if they choose. Meal breaks are typically unpaid, but if the employer fails to fully relieve the employee of duties during the break, the employee must be paid for the 30 minutes.
How Much Meal Break Time Am I Entitled To?
Just like rest breaks, the number and length of meal breaks depend on the actual hours worked each day—not the scheduled hours.
-
If the total hours worked in a day are 5 or fewer ⇒ No meal break required.
-
If the total hours worked exceed 5 hours ⇒ One 30-minute meal break.
-
If the total hours worked exceed 10 hours ⇒ Two 30-minute meal breaks may be provided.
When Should I Take My Meal Breaks?
The first meal break must be taken before completing 5 hours of work. If entitled to a second meal break, it must be taken before completing 10 hours of work.
Employer Obligations During Meal Breaks
Employers must comply with the following requirements when providing legally mandated meal breaks: The employee must be completely relieved of all duties, the employer must not interfere with how the employee uses their time, even if the employee voluntarily chooses to work during the meal break, the employer must not create pressure or an expectation to work.
Can an Employee Waive Their Meal Break?
If the total hours worked in a day are 6 or fewer, the employee and employer may mutually agree to waive the meal break. If the total hours worked exceed 6 hours, the meal break cannot be waived. For employees working no more than 12 hours in a day, the second meal break may be waived only if the first was taken, and only by mutual agreement.
Although written waivers are not legally required, it is strongly recommended to document such agreements in writing to prevent future disputes.
JUSTICE FOR WORKERS, P.C. is a law firm dedicated exclusively to representing plaintiffs, that is, workers, in matters related to labor law and workplace injuries. For a free consultation, please contact us at (323) 922-2000. We have offices located in both Los Angeles and Orange County. If we take on your case, you will not be required to pay us anything unless and until we secure compensation on your behalf.
