What are the requirements for employers in California to provide meal and rest breaks to employees?

In California, employers are required to provide meal and rest breaks to their employees under certain circumstances. The requirements for these breaks are outlined in California Labor Code Section 226.7 and Wage Order No. 5 issued by the California Industrial Welfare Commission.

Under California law, an employer must provide an unpaid meal break of at least 30 minutes to employees who work more than five hours in a workday. If the employee works no more than six hours, they can waive the meal break. However, if the employee works more than six hours but less than 10 hours, they may also waive the meal break if both the employer and employee agree to it. If the employee works more than ten hours, they must be provided with two unpaid meal breaks of at least 30 minutes each.

The meal break must be provided to employees no later than the end of the employee's fifth hour of work. Employees who work no more than six hours in a workday can waive their meal break. However, employees who work more than six hours and up to ten hours can waive their second meal break if the employee and employer agree to it. Employers cannot require employees to work during any meal break.

In addition to meal breaks, employees in California are also entitled to a certain amount of rest breaks. Employees must be given a paid rest break of at least ten minutes for every four hours worked or a "major fraction" thereof. A major fraction of four hours is defined as any work period that is longer than two hours and 59 minutes but less than four hours.

All non-exempt employees in California, including those on piece-rate compensation or commission, are entitled to meal and rest breaks. However, certain employees are exempt from these requirements, including executive, administrative, and professional employees.

If an employer fails to provide a meal or rest break, the employee may be entitled to compensation in the form of an additional hour's pay for each missed meal or rest break. Employees may also pursue legal action against their employer to recover unpaid wages, penalties, and attorneys' fees.

In conclusion, California employers must provide their non-exempt employees with certain meal and rest breaks. Failure to do so can result in legal consequences, so it's important for employers to understand and comply with these requirements.