![]() These violations include off-the-clock work during meal breaks, short meal breaks, interrupted meal breaks or untimely meal breaks. Our team of employment attorneys in Los Angeles has experience prosecuting cases of meal break violations against California employers. Employers are required to pay a premium for each meal break violation. Often employees are required to clock out and remain at work during their lunch break. The premium payment must appear on the paystub as well. The premium payment should equal to one hour of pay in addition to the entire amount paid for the day. Failure to receive a meal break prior to the end of the employee’s fifth hour is a violation of California Labor Code, and the employee is entitled to a premium payment. This means that employers cant instruct employees to take one hour off and consider it a combined rest and lunch break in California. Most California workers must receive the following breaks: An uninterrupted 30-minute unpaid meal break when working more than five hours in a day. During this time, the employee is to be relieved. The employee remains free to leave the job site or can do whatever pleases him or her. In California, anytime an employee works more than 5 hours, they are entitled to a 30-minute unpaid meal break. The meal break must be duty free, meaning that the employee should not be bothered during his/her meal break. One 30-minute unpaid meal break for work periods more than 5 hours a second meal period of 30 minutes if the work period is more than 10 hours in a day. Under federal law alone, employers are not required. However, the meal period may be waived by mutual consent if a work period of not more than six hours will complete the day’s work. ![]() ![]() California allows employees to waive their meal break if they are scheduled to work 6 hours or less. The California labor laws and federal laws mandating employee meal and rest breaks differ quite a bit. Pursuant to the California labor law lunch breaks statute, the general rule for meal periods is that no person may be employed for a work period of more than five hours without a meal period of no less than 30 minutes. Three ten-minute rest breaks are required for a total of 30 minutes of paid rest breaks. Under California meal break law, each employee is entitled to a thirty-minute duty-free meal break at the end of the fifth hour if the employee works over six hours in a day. Two ten-minute rest breaks are required for a total of 20 minutes of paid rest breaks.
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