Question: How should break time be calculated for employees?

Answer:

In California, by law, non-exempt employees must receive rest break and/or meal break.

For those employees that work more than 5 hours must get, at minimum, one 30-minute meal break. Furthermore, for every 4 hours of work, employees are to receive 10-minute rest break. If an employer fails to abide to these regulations, that employer must pay additional hourly wage per each day of violation.

Rest Breaks:

• An employee who works 3.5 hours is entitled to a break time
• Employers must provide a 10minute every 4 hours
• Employers must do his/her best to keep the rest breaks within the working hours
• Time during rest breaks are accounted for as time worked
• Employers can oblige employees to stay within the workplace during rest breaks
• Employers must not demand employees to work during rest breaks [Cal.Lab.C.226.7]

Meal Breaks:

• An employee who works more than 5 consecutive hours are entitled to a 30minute meal break. However, if that same employee does not work more than 6 consecutive hours, he/she can agree with the employer to get the meal break exempted. On the other hand, that same employee can agree with the employer to receive meal break within the working hours. Such record should always be well logged and kept for reference.
• An employee who works more than 10 consecutive hours, he/she is entitled to a two meal breaks of 30 minutes each. If the working hours do not exceed 12 hours, and the first meal break was not exempted, that employee can agree with the employer to get the second meal break exempted.
• Employees are entitled to take their meal breaks where they wish.
• Employers must provide employees with a convenient location for a comfortable meal break within the work place.
• Employers must not demand employees to work during meal breaks.

*Different employment regulations may exist for different field of career

If you have any further questions, please contact our office to ensure that rest and/or meal breaks are provided are legal and proper.

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