Law Offices of Allan A. Sigel, P.C.
No Recovery, No Fee. Call Now
Local: 310-597-4786
Toll Free: 800-651-0702
Meeting Our Clients' Diverse Legal Needs for Over 45 Years

California requires employees have breaks

As this blog has mentioned previously, sometimes California law affords broader protections to San Diego employees than does the federal law. Such is the case when it comes to giving employees regular breaks and time to take their meals.

Under California law, hourly employees must get a 10 minute paid break for every four hours they work if they work three hours 45 minutes or more on a given day. The obligation to provide a paid break also applies to a major fraction of every 4 hours worked, with major fraction being two hours. So, a worker who is on due for six hours has a right to two paid breaks.

Additionally, an employer also has to give 30 minutes for an employee to take a meal for every five hours the employee works. This meal break need not be paid, but if it is not going to be paid, the employer must make absolutely sure the worker is free to take his or her meal without having to continue working in any respect.

The penalties for violating these rules are significant, as the state of California has an interest in protecting the rights of workers. However, it is important for employees in this state to remember that an employer only has to offer a break and do so consistent with the requirements of state law. If an employee does not take his or her boss up on the offer, he or she cannot later turn around and sue.

Employees who are paid hourly and are thus non-exempt have legal options under California's wage and hour law if they are not denied breaks. An employee who feels he or she has not been given appropriate breaks should consider speaking with an employment law attorney.

No Comments

Leave a comment
Comment Information

Standing Up For Employees And Consumers In California

Contact us now to schedule a consultation.

No Recovery, No Fee.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us For A Response
Law Offices of Allan A. Sigel, P.C.

Law Offices of Allan A. Sigel, P.C.
1125 Gayley Avenue
Los Angeles, CA 90024

Toll Free: 800-651-0702
Phone: 310-597-4786
Fax: 310-208-7271
Los Angeles Law Office Map

  • AV Preeminent Peer Review Rated | LexisNexis | Martindale-Hubbell | For Ethical Standard and Legal Ability 2010
  • BBB Accredited Business