Under California law, employees are entitled to meal and rest breaks based on the number of hours they work in a day. If an employee works for more than five hours in a day, they are entitled to a 30-minute meal break. If they work for more than 10 hours in a day, they are entitled to a second 30-minute meal break.
Employees must be completely relieved of their work duties during their meal break, and they must be free to leave the worksite. If they are required to remain on the premises or perform any work-related activity during their meal break, they must be compensated for that time.
In addition to meal breaks, employees are entitled to rest breaks based on the length of their shift. If an employee works for at least 3.5 hours in a day, they are entitled to a 10-minute rest break. If they work for more than six hours in a day, they are entitled to a second 10-minute rest break.
Employers must provide their employees with these breaks and ensure that they are taken in a timely manner. Failure to provide meal or rest breaks can result in penalties for the employer.
However, there are some exceptions to these requirements. For example, certain industries, such as the motion picture industry, have separate rules regarding meal and rest breaks. Additionally, if the nature of the work prevents an employee from being relieved of all duties during their break, the employer may be exempt from providing that break.
If an employee believes that their employer has failed to provide them with a required break, they may file a complaint with the California Labor Commissioner's Office or pursue legal action to recover any unpaid wages or penalties.
It is important for employers to follow these requirements carefully and ensure that all employees are receiving their required breaks. If an employer has questions or concerns about these requirements, they should consult with a qualified employment law attorney.
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