Work Labor Law For Breaks In Santa Clara

State:
Multi-State
County:
Santa Clara
Control #:
US-002HB
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

The document outlines the employment law regarding breaks in Santa Clara, particularly evident in the framework provided by the Fair Labor Standards Act (FLSA). Key features include requirements for meal and rest breaks, detailing that while federal law doesn’t mandate breaks, states may establish more stringent rules. Santa Clara, subject to California law, mandates that employees receive a 30-minute meal break for work periods exceeding five hours and additional 10-minute rest breaks for every four hours worked. The document serves as an essential guide not only for employees but also for attorneys, partners, and business owners, offering clarity on legal rights and responsibilities surrounding labor conditions. Filling instructions suggest consulting the laws highlighted to ensure compliance and using the document as a baseline for legal consultations. This resource also aids paralegals and legal assistants in preparing cases related to labor disputes or compliance issues. Use cases include advising clients on break rights, preparing legal defenses for potential violations, and guiding employers in structuring their break policies to align with state laws.
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  • Preview USLF Multistate Employment Law Handbook - Guide
  • Preview USLF Multistate Employment Law Handbook - Guide
  • Preview USLF Multistate Employment Law Handbook - Guide
  • Preview USLF Multistate Employment Law Handbook - Guide
  • Preview USLF Multistate Employment Law Handbook - Guide
  • Preview USLF Multistate Employment Law Handbook - Guide
  • Preview USLF Multistate Employment Law Handbook - Guide
  • Preview USLF Multistate Employment Law Handbook - Guide
  • Preview USLF Multistate Employment Law Handbook - Guide
  • Preview USLF Multistate Employment Law Handbook - Guide
  • Preview USLF Multistate Employment Law Handbook - Guide

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FAQ

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.

Most California workers must receive the following breaks: An uninterrupted 30-minute unpaid meal break when working more than five hours in a day. An additional 30-minute unpaid meal break when working more than 12 hours in a day.

Sorry, that's not legal in California for a first meal break. You can't waive lunch in order to leave early unless your work day is between 5 and 6 hours. You don't get a lunch break for less than 5 hours and must take it if you work over 6. You can (if both employer and employee consent) waive a second meal break.

California Rest Break Law Chart Hours on the ClockRest Breaks – 6 hrs 1 – 10 hrs 2 – 14 hrs 3 – 18 hrs 42 more rows

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.

If you wish to report a widespread violation of labor law by your employer or a violation affecting multiple employees, please contact LETF via phone, online lead referral form or email: Call the LETF Public hotline anytime: 855 297 5322. Complete the Online Form / Spanish Form. Email us at letf@dir.ca.

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.

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Work Labor Law For Breaks In Santa Clara