In california what time period must a meal and break be given to employee?
Wednesday, January 25th, 2012 at
6:01 pm
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You are entitled to a 30-minute meal period for any shift over 5 hours, and that can be waived only if the shift is no more than six hours. This period is NOT compensated unless the employer requires you to remain at the work site or does not relieve you of all duties. If the employer does not provide the required meal period, you are entitled to one hour’s pay at your regular rate of compensation. You can make a wage claim for that.
http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm
You are also entitled to a compensated 10-minute rest period if you work a shift of more than 3.5 hours, at the rate of 10 minutes per every 4 hours or major fraction of 4 hours. This cannot be waived. Failure to provide such a rest period again requires compensation for one hour’s pay at your regular rate of compensation, for which you can make a wage claim.
http://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm
No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than 30 minutes, except that when a work period of not more than six (6) hours will complete the day’s work the meal period may be waived by mutual consent of the employer and the employee. Unless the employee is relieved of all duty during a 30 minute meal period, the meal period shall be considered an “on duty” meal period and counted as time worked. An “on duty” meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty and when by written agreement between the parties an on-the-job paid meal period is agreed to. The written agreement shall state that the employee may, in writing, revoke the agreement at any time.