Legal Question in Employment Law in California

Re: Are Lunch Breaks Mandatory in California?

I am not sure exactly what you are asking, but if you are wondering if your employer can force you to take your breaks, the answer is yes. Generally, you are entitled to a thirty minute lunch break (where you are "relieved of all duties") if you work a shift between six and eight hours. You cannot waive this lunch break because if you do, your employer could be required to pay you overtime and a mandatory penalty.

If you are asking whether you are entitled to take a break - the answer is also yes. Generally unless you have signed something agreeing to an alternate schedule (pursuant to a collective bargaining agreement for example) or if your job falls under a category covered by a wage order (a paramedic cannot knock off in the middle of a resuscitation for his lunch break, for example) you are entitled to take your breaks.

If you are not getting your lunch breaks, then you can complain to the California Labor Commissioner or talk to an attorney to take action to remedy the situation. If you would like to discuss this further, please feel free to contact me off line to set up a free phone consultation. Thanks!

Re: Are Lunch Breaks Mandatory in California?

The question may be simple; the answer is not. Although the answer is generally "yes," occupations in California are regulated by "wage orders" which are applicable to various industries and positions. Entitlement to breaks, lunch hours, over time, and other factors associated with employment depended on the wage orders applicable to your job. Fortunately, the wage orders are published on the Internet and can be found at the California Division of Labor Standards Enforcement web site. First, locate the wage order applicable to your industry or occupation, next determine if you are "non-exempt", and finally, review the applicable wage order for its provisions regarding lunches and break time.