Federal law does not require that lunch breaks be given to employees but many state laws do mandate such breaks. Pursuant to the California labor law lunch breaks statute, the general rule for meal periods is that no person may be employed for a work period of more than five hours without a meal period of no less than 30 minutes. An employer fulfills its meal break obligation by providing the employee the opportunity to take an off-duty meal break. Does your California employer give you meal and rest breaks? Agricultural Workers Break Laws.

During this time, employees must be relieved of ALL duty. California has a very large agricultural workforce and there are special provisions in the California labor laws regarding agricultural and outdoor workers. Many California employees have a legal right to take certain breaks during their shift, including unpaid 30-minute meal breaks and paid 10-minute rest periods. The employee must be permitted to stop performing all duties and leave their working premises during their break, otherwise the meal break must be paid. The two types of breaks are separate and distinct, as illustrated by California's requirement that companies provide break areas and restroom facilities that are separate from each other. In this article, a labor lawyer explains the details of break laws in California. A rough guide can be found on the following chart:4 California law does not require employees to use the restroom only during the mandated 10-minute rest breaks. A break area with no microwave or oven would not be suitable under California break room laws. For example, a covered break area with a refrigerator, microwave and tables would be a suitable area. An employer cannot force an employee to use any separate use of the restroom as a rest period. You might be surprised to learn that federal law doesn’t give employees the right to time off to eat lunch (or another meal) or the right to take short breaks during the work day. The California Department of Industrial Relations requires that the lunch area be sheltered, be suitable for consuming food and drink and have facilities that provide food or allow an employee to prepare food. 6. Any meal break beginning after the fifth hour of work is a direct violation of California Meal Break Law.

California employees who are considered non-exempt1 have a legal right to receive meal breaks and rest periods.2And even most employees who are considered exempt still have a right to take meal breaks (but not rest periods).3 The number of breaks depends on the length of the employee’s shift. California’s meal and rest break rules are extremely technical and nuanced—and a failure to properly comply with them can result in penalties.

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