Uniform application to industries under 15 Orders, including agriculture and household employment.Here’s a list provided by the California Department of Industrial Relations: Whereas meal breaks in California are relatively straightforward when it comes to exemptions and caveats, the exemptions around rest periods are a little more complicated. Employees of these industries “may work no longer than six hours without a meal period of not less than 30 minutes, nor more than one hour.”Īdditionally, companies in the wholesale bakery industry have their lunch laws governed by an Industrial Welfare Commission Wage Order in accordance with a collective bargaining agreement. In this case the regulation does not change much, but it is worth noting. The major exemption is for the motion picture and broadcasting industry. The California lunch laws contain a few exemptions, which are mostly based on the industry that your company falls under. This is not the case as all exemptions are judged on the above criteria. Earn a salary equivalent to at least twice the state minimum wage for full-time (40 hours/week) work.Įmployees that meet this criteria are exempted from meal and break law requirements.Īlso – there is a common misconception that all salaried employees are exempt and hourly wage employees are covered by California break laws.Regularly and customarily exercise discretion and independent judgment at work and.Have primary duties that are executive, administrative or professional (this generally means that 50% or more of his/her work time must be devoted to such tasks). ![]() There is stringent criteria that determines which employees fall into this exemption, which break down as follows: There is something known as the “white collar exemption” which exempts certain executive, administrative and professional employees from rest break laws in California. This includes paid “recovery period” which means a cool down period afforded an employee to prevent heat illness.Įxempt Workers from California Meal Break Laws Not required for employees whose total daily work time is less than 3 and ½ hours. Paid 10-minute rest period for each 4 hours worked or major fraction thereof as practicable, in middle of each work period.The Department of Labor confirms that under California State Law, adult employees in the private sector are entitled to the following rest periods: IWC Orders 1 -15, Section 11, Order 16, Section 10. The agreement must include a clause which allows the employee to revoke the lunch break agreement at any time, if desired. For example, a security guard or a gas station employee that works alone and cannot leave their post.Īny and all of these circumstances require a written agreement between the employer and employee for an “on-the-job” paid meal period. On-duty meal periods are only permitted when the nature of the work prevents an employee from being relieved of their responsibilities. This is counted as hours worked and an employee must be paid for this time at their regular rate of pay. If an employee is not relieved of their work during the entirety of the meal period then this is classed as an on-duty meal period. An employer may not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and employee only if the first meal period was not waived.Ī key point to note in the above meal law is the term “on-duty”.Employee may revoke agreement at any time. On-duty meal period counted as time worked and permitted only when nature of work prevents relief from all duties and there is written agreement between parties. ½ hour, if work is for more than 5 hours per day, except when workday will be completed in 6 hours or less and there is mutual employer/employee consent to waive meal period.The Department of Labor confirms that under California State Law, adult employees in the private sector are entitled to the following meal breaks: What industry you operate in, unions, and types of employment status can all affect how these laws apply to your company and workforce. Tips for California Meal and Rest Break ComplianceĬalifornia Meal and Rest Break Laws OverviewĬalifornia has a lot of nuance to its labor laws in a general sense, and especially in regards to lunch and break laws. ![]() ![]()
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