What are the legal requirements for an employer in California to provide meal and rest breaks to their employees?

In California, employers are required to provide their non-exempt employees with meal and rest breaks according to state law.

Meal breaks:

• Employees who work a shift of more than 5 hours are entitled to an unpaid, uninterrupted meal break of at least 30 minutes, during which the employee is free to leave the premises.
• For shifts of 10 hours or more, employees are entitled to a second 30-minute meal break, also unpaid and uninterrupted.
• Employers must provide these meal breaks no later than the end of the employee’s fifth hour of work, for the first meal period, and no later than the end of the employee’s tenth hour of work, for the second meal period, if applicable.

Rest breaks:

• Employees who work a shift of more than 3.5 hours and up to six hours are entitled to a paid rest break of at least 10 minutes.
• Employees who work a shift of more than six hours up to 10 hours are entitled to a paid rest break of at least 10 minutes for each four-hour period, or major fraction thereof.
• Employers must provide these rest breaks in the middle of each work period, to the extent practicable.

Employers should ensure that employees are aware of their rights to meal and rest breaks and are allowed to take them as required by law. Employers must also keep accurate records of employees’ breaks, including the start and end times of breaks taken.

However, there are exceptions and limitations to these requirements. For some industries, such as the healthcare and motion picture industries, there are exemptions to the meal and rest break requirements. Employers in these industries need to meet different requirements to comply with the law.

Also, in certain situations, such as emergencies or unforeseeable circumstances, employers can waive meal and rest breaks that cannot be taken. However, employees must be paid for these missed breaks at their regular rate of pay.

If an employer fails to provide required meal and rest breaks, they may face penalties and litigation from employees. Employers should seek legal advice to ensure compliance with state and federal laws in this regard.