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What are laws for breaks and lunch?

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3/8/2018
socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 40,154
Experience: Retired
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Hello,

Rest Breaks

In general, employers must provide rest periods of a specified minimum duration (generally 10 minutes of paid rest for every 4 hours worked). For shifts of less than 4 hours, employees are entitled to a 10-minute rest period after 3 1/2 hours. [8 Cal.C.Regs. §§ 11010-11150, ¶ 12 & § 11160, ¶ 11]

Rest periods are to be permitted in the middle of the shift “insofar as practicable” (see 8 Cal.C.Regs. § 11010-11150, ¶ 12(A)). According to one California opinion, “departure from the preferred schedule is permissible only when the departure (1) will not unduly affect employee welfare and (2) is tailored to alleviate a material burden that would be imposed on the employer by implementing the preferred schedule.” [Rodriguez v. E.M.E., Inc. (2016) 246 Cal.App.4th 1027, 1040]

Meal Breaks

Employees who work more than 5 hours in a day are entitled to a meal period of at least 30 minutes; and a second meal period of at least 30 minutes if they work more than 10 hours in a day. [Lab.C. § 512(a); see Brinker Restaurant Corp. v. Sup.Ct. (Hohnbaum) (2012) 53 C4th 1004, 1041-1042]

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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