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Meals and Breaks
California labor laws require that employers provide employees with a meal period of no less than a 30-minute when they work more than five (5) consecutive hours (more than six (6) hours for employees in the motion picture industry in specific situations). CA Dept. of Industrial Relations: Meal Periods. Unless the employee is relieved of all duties during the entire 30-minute meal period and is free to leave the employer’s premises, the meal period must be counted as hours worked and paid at the employee’s regular rate of pay. California law only permits employers to provide an “on duty” meal period when the nature of the work prevents the employee from being relieved of all duty and when by written agreement between the employer and employee an on-the-job meal period is agreed to. CA Labor Code Section 512
Certain non-exempt employees must be provided with a net 10-minute paid rest period for every four (4) hours worked or major fraction thereof. Insofar as is practicable, the rest period should be in the middle of the work period. A rest period is not required for employees whose total daily work time is less than three and one half (3 1/2) hours. The rest period is counted as time worked and therefore, the employer must pay for such periods. CA Dept. of Industrial Relations: Rest Periods.