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Work Laws With Breaks In San Jose
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State:
Multi-State
City:
San Jose
Control #:
US-002HB
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FAQ
No, under California law rest period time is based on the total hours worked daily, and only one ten-minute rest period need be authorized for every four hours of work or major fraction thereof.
California requires employers to provide employees with ten-minute rest breaks for every four hours (or major fraction) worked. Anything over two hours is a “major fraction” of a four-hour period.
In compliance with California labor laws, nonexempt employees are entitled to an unpaid meal or lunch break lasting a minimum of 30 minutes for shifts exceeding five hours. This break, which should commence before the completion of the fifth hour of work, can be waived only if the workday does not surpass six hours.
Employers who make it difficult or impossible for their workers to take these legally-protected breaks owe their workers compensation for forcing them to miss their breaks. Should they fail to provide this compensation, these employers could face a lawsuit based on California law.
Generally speaking, yes an employer may require that their employees take breaks, even if they are not required to provide them under the law; there is nothing in the law that would prevent them from doing so.
Yes, you can bring a legal claim associated with the employer not providing you with a reasonable opportunity to take your meal or rest periods.
No, not in most places in the United States. Labor law requires that you take a break, and your employer can face heavy fines if you are caught not taking that break.
More info
Under Labor Code 512, non-exempt employees who work more than 5 hours per day must receive a minimum meal break of 30 minutes. If you work at least 3.5 hours in a day, you are entitled to one rest break.If you work over 6 hours, you are entitled to a second rest break. The California Labor Code requires employers to provide non-exempt employees with a 30-minute, uninterrupted, and off-duty break for every 5 hours of work. Employers must provide a second meal break of no fewer than 30 minutes for all workdays on which an employee works more than 10 hours. California Labor Code 512 provides employees with a mandated 30minute meal break after five hours of work in one day. For more information on California minimum wage. You may not require an employee to work for a period of more than five hours per day without providing them with a 30-minute unpaid meal break. Under California Labor Code, employees who work more than five hours in a workday are entitled to a 30minute meal break. As a general rule, and insofar as practicable, the rest break must be in the middle of each four-hour work period.