California government has passed a law which makes it mandatory for workers to observe two breaks; the meal and rest breaks. However, this is only applicable to a non-exempt worker and this kind of law is more generous to workers than federal law. For meal breaks, you are entitled to a 30-minute break if you perform your work activity for more than 5 hours. For rest breaks, you must observe 10 minutes breaks if you work for 4 hours. Although, there are other obligations under the California break laws. If your employer denies you the right to have your breaks, they are mandated to pay you one additional hour of normal pay per each day on which the breach occurred.
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- For you to be considered for a rest break, you must work for at least 3.5 hours per day.
- Your employer is mandated to allow you go on a break for at least 10 consecutive minutes for every 4 hours worked.
- Rest breaks must be flexible and must be in between each work period.
- Rest breaks don’t stop your payment. They must pay you.
- Your boss has the right not to allow you leave the work premises while observing your rest break.
- You might decide not to work while observing your rest break. BUT, you might also decide not observe your rest break provided your employer is not mandating you to do so or forcing it on you.
- For you to be considered for a meal break of 30 minutes and above, you must work over 5 hours per day. BUT, you can strike a deal with your employer to waive this meal break provided you do not perform any work duty for more than 6 hours.
- You must observe at least a 30-minutes second meal break if you carry out work duty for over 10 hours per day. You can, however, strike a deal with your boss to waive this particular meal break provided that you do not perform any work duty for more than 12 hours and you observed your first meal break.
Your boss is the one that will give you the permission to leave the work premises during the meal break.