10/31/2023 0 Comments Labor law lunch break californiaIf an employer fails to meet any of these criteria when proving a meal break, the employer may be liable for violating San Diego labor law. If you are an employer facing these charges or an employee who has been wrongly denied your right to a break, you are advised to contact a San Diego employment lawyer to assist you in your case. If an employer forces a worker to take an on-duty meal break, does not compensate him or her for this time and does not allow the employee to revoke the agreement to accept an on-duty meal break, the employer is liable for violating San Diego employment law. This is true even where the employee is relieved of all work duties during the meal period.”Ĭan I sue my work for forcing me to work during my meal break without compensation? An employee can only forgo a meal break if he or she chooses to do so without coercion, and the employee must be compensated at the regular rate for work done during the break period.Īccording to the California Department of Industrial Relations: “If the employer requires the employee to remain at the work site or facility during the meal period, the meal period must be paid. If an employer encourages an employee to waive his or her meal break for a shift that exceeds six hours, the employer is liable for violation of San Diego employment law. In this case, an employee may choose to sign a written waiver, forgoing his or her 30-minute break. The only situation in which an employer may offer a waiver is if an employee is working a complete shift of no more than six hours. A second meal period of not less than thirty minutes is required if an employee works more than ten hours per day, except that if the total hours worked is not more than 12 hours, the second meal period may be waived by mutual consent of the employer and employee only if the first meal period was not waived.” According to California Labor Code 512(a): “In California, an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than thirty minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. San Diego employees must be permitted to take a 30-minute lunch period every five hours, and a second 30-minute break if an employee works a 10-hour shift in one day. What is the meal break law in California? These criteria establish a legitimate meal break, during which an employee is not paid. An employee can take a break without discouragement or repercussions from the employer.The employer cannot dictate what the employee does or where he or she goes during the break.
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