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Are You Receiving Your Required Breaks at Work?

Whether you’re brand new to the workforce or have just recently joined your current company, you may have questions about whether you’re receiving break and meal time as required by law.

In California, most employees that work five hours or more in a single day are entitled to a 30-minute meal break, while employees that work ten or more hours in a single day are entitled to two 30-minute meal breaks. Employees do not need to be paid for this time provided they are relieved of all duties during meal breaks.

In addition to any required meal breaks, you are entitled to a paid rest period 10 consecutive minutes for each four-hour work period. For this 10-minute rest, you must have access to a designated rest area separate from both the work area and the bathroom.

While employers are required to give you breaks, you aren’t always required to take them. Employees have the right to decline a 30-minute meal break as well as rest periods if they are working less than six hours total (or less than 10 hours if they are entitled to two meal breaks).

You also have the right to take any and all meal breaks away from work premises. However, your supervisor can require you to stay on site for 10-minute rest periods.

While these rules hold true for most employees in California, there are exceptions (including designated rules for those in the baking, motion picture, broadcasting, and construction industries). If you feel you are being treated unfairly by an employer, contact Spencer Law today for a consultation.