What are the rules for breaks and meal periods?

In California, labor and employment law dictates specific rules concerning breaks and meal periods. For workers who are over the age of 18 and non-exempt, generally they must receive a 30-minute meal period once they have worked five hours. Under certain circumstances, a meal period may be waived by mutual consent of both the employer and the employee. Additionally, employees who work over three and a half hours must be provided with a 10-minute rest break. The break must be given in the middle of the work period, if practicable. These breaks are unpaid, but are considered to be on duty time. Employers can require that employees remain on the premises during rest and meal periods. Employers must also provide a separate area where workers can take their breaks. Employers must also provide additional rest periods when employees are required to work in excess of 10 hours per day. These additional rest periods must be 10 minutes in length and must be given prior to the end of the fourth hour of the additional work. Finally, employers must keep accurate records of hours worked by employees. These records must indicate the beginning and end of each meal and rest period taken by the employee. Overall, California labor and employment laws require employers to provide employees with specific breaks and meal periods. This helps to ensure that employees are taking adequate breaks and are working safely throughout their shift.

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