Work Labor Law For Breaks In San Diego
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The California Labor Code provides that employees who work more than five (5) hours in a day are entitled to a thirty (30) minute meal break. However, if the employee is working no more than six (6) hours in a day, the employee may waive their meal break.
Employers cannot require employees to request rest breaks; instead, they must facilitate these breaks and ensure they occur. This is because rest breaks are considered a legal right under California law, not a matter of personal discretion.
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.
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.
Employers must get an employee's written agreement in advance for taking on duty meals. Workers must also be able to withdraw their consent to this arrangement at any time. In California, ing to labor laws, employees can waive their lunch break if their work shift is six hours or less.
The Occupational Safety and Health Administration (OSHA) has neither researched nor issued standards requiring that workers be permitted lunch and rest breaks in the course of their workday.
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.
Rest breaks are handled differently. Rest periods. You can voluntarily skip your rest break, but you cannot waive your right to it. Your employer cannot pressure or encourage you to skip a rest break.
