- Meal breaks cannot be shorter than 30 minutes.
- The first meal break must be taken before the end of the employee’s 5th hour of work.
- The second meal break must be taken before the end of the employee’s 10th hour of work.
- Meal breaks should be uninterrupted, and the employee must be completely relieved of all duty during the meal break.
- The employee should not be on-call during the meal break and is not required to carry a phone or walkie-talkie during the meal break.
- Employers can’t instruct employees on where to take their meal break, and employees are allowed to leave the premises for the meal break.
- Employees can choose to work through their meal break as long as they are not pressured to do so by their employer.
- Employees can voluntarily choose to work through their meal break if the employer has provided the meal break.
Rest Break RulesCalifornia employers are required by The California Department of Industrial Relations (DIR) to provide non-exempt employees with off-duty rest breaks. During off-duty rest breaks, employers have to relieve their employees of all duties. If an entitled employee is not provided a lawful rest break, the employer must compensate the employee one additional hour of pay at the employee’s regular pay rate for each day a lawful rest break was not provided. The following regulations outline California’s guidelines on lawful rest breaks:
- Generally and when practical, the 10-minute break should be taken in the middle of each 4 hour work period.
- Each 10-minute rest break must be consecutive, and the rest break cannot be interrupted or broken up into intervals.
- The employee must be completely relieved of all duty during the rest break and should not be on-call or be required to carry a phone or walkie-talkie during the break.
- An employee’s bathroom break does not count as a 10-minute rest break.
- Rest breaks don’t have to be provided before a meal break, but generally, one rest break should be provided before a meal break, and another should be provided after.
"Best Employment Lawyers"
5 - Star Reviews
"I’m so happy I worked with Falakassa and not another lawyer. He fought for my case when it wasn’t looking good. Any other lawyer would have given up on my case but he fought for me until the end. I would recommend him and call him again if I’m ever I’m ever in need of a lawyer."
"Josh is my go-to lawyer after my last few interactions with him. He’s extremely sharp, very knowledgeable about his craft and industry, and has tons of experience that showed to an effective lawyer and got me great results."
"Mr. Falakassa is an ultra professional employment lawyer. He cares for his clients and represents employees only against big companies. He will get you results and I refer/recommend him for any employment law Cases"
"Mr. Falakassa is a well polished employment lawyer. He answered all my inquiries and is always available to answer the phone. He is a great writer and one of the best at what he does. I would go to him for any employment law issues"
“I have gotten to know Mr. Falakassa working with him closely in a professional capacity. He is very smart and professional and he is always ready to go the extra step. I highly recommend him for any employment law dispute.”
“Attorney Falakassa is an outstanding employment lawyer. He took his time and gave me a free consultation and answered all my questions and followed up. He is very sharp and professional. I highly recommend him for any employment law dispute.”
“I’m glad to have met Mr. Falakassa. He is a top employment lawyer and truly cares for his clients. He will maximize your recovery. I recommend him for any termination or wage issues!”
“Mr. Falakassa is an outstanding gentlemen and lawyer. He’ll take the time to sit down with you and really get to know you and your legal concerns to provide the best possible outcome. I would definitely recommend this firm for any employment related needs.”