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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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If an employee is paid hourly, uses a time card, does the

Customer Question

If an employee is paid hourly, uses a time card, does the employer pay for their lunch and break time? We currently pay our employees by a "salary Rate" and are going to give notice of changing some to an hourly rate. I need to know how to handle this
Submitted: 11 months ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 11 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Hourly employees in California must be afforded one paid ten minute rest break for every four hours of work or major fraction thereof. In other words, if the employee works exactly 4 hours, they would be entitled to one paid ten minute rest break. If they work 6 hours, they would be entitled to 2 paid ten minute rest breaks--one for the first four hours, and another for the second two hours, since two is a major fraction of four. There would need to be 2 paid ten minute breaks on an 8 hour shift, 3 on an 10 hour shift, and so on.

Lunch breaks are required for any shift longer than 5 hours. The lunch break must be at least 30 minutes. However, lunch breaks do NOT need to be paid.

The employee would clock out for lunch breaks but not for rest breaks, since the rest breaks are "on the clock" paid time.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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