Legal Question in Employment Law in California

I work in a restaurant and I have some questions about breaks. I have worked at the same place for 2 and a half years now and we dont take breaks. On average my shift is anywhere from 4-7 hours. We signed a waiver for on the job meal periods, where they promise to give us food before the shift starts as long as we dont take a meal period break, this also sometimes doesnt happen. However the real area of concern is the no 10 minute breaks, or any kind of break. Is this not illegal? Is there some form of compensation in order for this? At times we have employees who would go outside for a smoke and either try to hide it or, previoulsy they would have an employee clock off for five minutes to do so, now they are just not allowed too. Can you site the area of employment law that would say this is illegal if so?


Asked on 6/09/10, 11:48 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Yes, it is illegal to not allow employees to take meal and rest breaks. You are entitled to a 10 minute rest break for every 4 hours worked and a 30 minute, uninterrupted meal break if you work 5 hours or more. The meal break may be waived only if you work no more than 6 hours.

See Cal. Labor Code section 512 and the California wage orders.

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Answered on 6/09/10, 3:13 pm


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