Legal Question in Employment Law in California

What are the required breaks and meal times for employes

when working a day of 5 , 6 or 8 hours what are the differant laws pertaining to breaks and meal times? Must breaks and meals be taken off the clock and at what point in my day am i entitled to a break or meal break and how long should they be?


Asked on 4/28/00, 8:56 pm

1 Answer from Attorneys

Stuart Kaye Law Offices of Stuart M. Kaye

Re: What are the required breaks and meal times for employes

In the state of California, breaks and meal periods are set out in the Industrial Welfare Commission Orders regulating the various industries and occupations in California. For breaks, generally and employee is entitled to a 10 minute break period during each 4 hours of work. That time is on the clock and the employee is entitled to be paid for that break time. For meals, generally every employee must receive a thirty-minute meal period every 5 hours of work. A meal period is generally not compensable time. It is therfore off the clock. However, a meal period may be on the clock if the employee has an on duty meal period, a period in which the employee might consume a meal, but also must work.

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Answered on 6/13/00, 12:29 pm


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