Are employers required to provide a rest break and/or meal break?

In California, employers are required to provide rest breaks and/or a meal break depending on how many hours the employee works in a day. Generally, employers must provide a 10-minute rest break for every 4 hours of work or major fraction thereof, as well as a 30-minute meal break after 5 hours of work. There are some exceptions to the general rule. Employees who work 3.5 hours or less in a day are not entitled to a rest or meal break, and employers don’t have to provide breaks for employees who work 6 hours or less in a day. Moreover, employers don’t have to provide a meal break for employees who work for no more than 6 hours in a day and who have mutually agreed in writing to waive their meal break. Employers are also required to pay an extra hour of regular pay to employees who do not receive an off-duty meal break, and 1.5x the employee’s regular rate for missed rest periods. Noncompliance with these rules can bring serious legal consequences, including the requirement to pay back wages, provide additional wages, and potential litigation for any violations. Therefore, employers must ensure that they are providing the mandated meal and rest breaks to their employees in compliance with California Wage and Hour law.

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Are employers required to provide a rest break and/or meal break?

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