Legal Question in Employment Law in California

Re: Lunch break requirements

If you work more than 5 hours in a day, a meal period of 30 min. must be provided, except that if you work no more than 6 hours in a day, the meal period can be waived (in writing) upon mutual agreement between employee and employer. If you work more than 6 hours, the meal period is mandatory.

Generally, the meal period is unpaid and you must be relieved of all your work duties. The employer is required to document meal periods as part of the time records (start time, out for meals, back in after the meal and out at the end of the day.

Rest breaks of 10 minutes, for each 4 hour work period must also be provided.

Failure to provide any meal period will result in a one hour pay per day penalty. Likewise with rest periods,a missed rest period will result in a one hour penalty.

Mechanical vs. manual time recording systems are both acceptable. The time record should show all work time, which must be paid. If you are getting paid for your meal period, and not performing any work duties, it is a gift from your employer, but it should not effect how you record your work time.