![]() (3) Can I sue my employer for not giving breaks in California? But the employee can choose not to take those breaks, if the choice is made freely – without undue influence from the employer. During a 6-hour shift in California, an employer must provide one rest break (10 min) and meal break (30 min). Yes, because the lunch meetings and seminars are mandatory, Elsa must be paid for those meal “breaks.” (2) Can you work more than 6 hours without a break in California? ![]() Does Elsa need to get paid for time spent at lunch meetings and seminars? Answer. The company provides free lunch during the meetings and seminars. And she is required to attend a monthly training seminar during lunch on the first workday of every month. She is required to attend mandatory lunch meetings at noon every Monday. Paid Meal Break Example #3: Elsa is a secretary at a law firm. Yes, Thomas remains on-call during his meal break, so it must be paid time. He’s allowed to leave the prison for a meal break every 5 hours, but he has to stay on-call and keep his radio on, in case other guards call for “backup.” Does Thomas need to be paid for his meal-break time? Answer. Paid Meal Break Example #2: Thomas works as a private-prison guard in California. Yes, he is still on-duty during his meal break, so it must be paid. Is John entitled to be paid for his meal break? Answer. His employer lets him take a meal break every five hours, but he has to stay and keep watching the monitors. His job involves sitting in front of security monitors and checking them for suspicious activity. Paid Meal Break Example #1: John works as a security guard in California. But if the employee is required to stay on the work premises or be on-call during the meal break, then it generally must be paid. ![]() The general rule under California labor law is that meal breaks are unpaid. (5) Can I work 5 hours without a lunch break in California? (4) Can I waive my lunch break in California? (3) Can I sue my employer for not giving me breaks in California? (2) Can you work more than 6 hours without a break in California? When are California employees entitled to meal breaks?Ĭhart Summarizing California Meal Break Lawĭo you have to take your California meal/rest breaks?Ĭan a California employer force you to take breaks?Īdditional Q&A about Breaks in California When are California employees entitled to rest breaks?Ĭhart Summarizing California Rest Break Law Total break-time penalty (2023) and damages = 3x normal hour’s wages if no breaks provided.California rest penalty (2023) = 1 hour’s wages for each day without a rest break. ![]()
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