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Home > Careers & Employment > Law & Legal > Under California law- what's the meal break law?

Under California law- what's the meal break law?

Category: Law & Legal

pinknova15pinknova15


This is the shift I worked:

7am-11am: work

11am-1145am: lunch

1145-5: work

Since between 1145-5 of working, I hit my 2nd fifth-hour, was I not compliant w the law?

HRmom
HRmom

You are in compliance. Since you took a 45 minute lunch, your actual workday is only 9.25 hours. If an employee is scheduled to WORK 10 hours or more, he/she is to take a second lunch break, which can be waived if both the employer and employee agree. The second lunch CANNOT be waived however, if the employee works OVER 12 hours (even if it's 12 hours and 15 minutes). As for breaks, some people are stating that 15 minute breaks are required, but it is only 10 minutes per break that are required. Many employers offer 15 instead, but it's not mandated.

In your case, you did not work 10 hours, so you were in compliance with CA regulations. As you seem to be aware, California is quite different in relation to other states when it comes to meals and breaks. They are very picky about this, but your schedule is fine! :) Hope that helped.

boogeywoogy
boogeywoogy

The law requires 2 15-minute breaks and 30 minutes for meals.

The breaks and lunch times are at the discretion of the employer. With permission, employees can use that hour to cut the work day short. Of course, that means skipping lunch and both breaks.

knight35506
knight35506

As far as meal periods go, in Michigan and i think this is actually a federal mandate for a 9 hour and 15 minute shift which is your 10 hours less lunch time one 30 minute period unpaid is all that is required. There should also be 2, 15 minute paid breaks. At 10 1/2 hours a third 15 minute paid break is added and at 12 hours a second 30 minute unpaid meal period. Where i work we only get 20 minutes for lunch but it is paid because it is also a federal mandate to be paid for any meal period less than 30 minutes, also we cannot leave the premises for our paid mealtime.


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