Legal Question in Business Law in California

What is the labor law in regards to breaks and lunch for a salaried, exempt employee in California? I read there is criteria for each position of five different criteria a company has to meet to make someone exempt and it is listed out by position. I am in management/retail.

Can you tell me if that is accurate and if so what it is? Without a second person in my store due to a person being promoted my company seems to not consider a person working 9 hours straight with no break an issue. I'm wondering if there is anything in this law protecting me from this? Thank you so much for being available to ask these types of questions. :)


Asked on 12/21/17, 2:12 pm

1 Answer from Attorneys
Keith E. Cooper Keith E. Cooper, Esq.

Every employee is entitled to a paid 10-15 break every four hours (the employee may choose not to take such breaks) and a mandatory unpaid (minimum half-hour) meal break within every 6-hour period of work (the meal break counts as the 4-hour break), during which no work (including meetings with or errands for the boss) is performed. You can find more detailed information on the California Labor Department website at ca.gov. "Exempt" refers to an exemption from overtime pay; it does not mean the employee is exempt from every employment law.

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Answered on 1/11/18, 11:04 am


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