This flat rate and rest calculator tells you how many meals and/or breaks you are entitled to under California Labor Law. Even if you want to take into account early lunch requests, it`s also cool as long as breaks are always available between events. Employers in California need to provide their employees with meal breaks and breaks two: That`s almost fine, but I believe you have a second break. The rest period shall be based on the total number of hours worked daily and shall be at least ten consecutive minutes per four hours of work or a large part thereof. (* anything that exceeds two hours, unless the total number of hours worked in a day is less than 3.5) I think it`s technical, but I might be a little wrong with the timing if there is no rest before the meal break, as I currently understand. I have a question. When I worked until my 6th hour due to a deadline and didn`t take my lunch break until later. Does my employer have to pay me the 1-hour meal penalty? Can my employer also say, “They didn`t allow me until my 6th birthday. Working hours” to refuse to pay the 1-hour meal penalty? Unless the employee is released from all duties during his or her thirty minutes of meals, the meal time is considered the “on duty” meal time, which is counted as the hours worked, which must be paid at the employee`s normal rate of pay. A “duty” meal period is only permitted if the nature of the work prevents an employee from being released from all obligations and if the food paid for in the workplace is agreed in writing between the employer and the employee. The written agreement must stipulate that the employee may revoke the contract at any time in writing.

Orders IWC 1 to 15, Section 11, Order 16, Section 10. Consideration of whether the nature of the work prevents an employee from being relieved of all his or her duties is objective. An employer and an employee may not agree on a meal period in the ward unless an employee is prevented from being relieved of all his duties on the basis of the necessary work obligations on the basis of objective criteria. Examples of jobs that fall into this category include an individual worker at a coffee kiosk, a lone worker in a night store, and a security guard stationed alone in a remote location. Also, if they take 30 minutes without, then you may be due for up to 3 years (depending on the statute of limitations for this type of thing) of fine food, but I`m not a lawyer, just an internet hike. I work for a distribution chain company. We often have 6-hour shifts, so we skip lunch. However, sometimes they plan to open me in one store (8:30am-2:30pm) and then close in another store (3pm-8pm).

Of course, I have to go back and forth between shops, which usually takes almost 30 minutes. Am I not entitled to an appropriate lunch break? Employers should be careful to deviate from the general rule of allowing breaks in the middle of each working time and should consult a lawyer if practical considerations specific to their sector justify a deviation from the general rule. The employer sets the schedule and is (as I understand it) responsible for sending you on a break. Employees are also protected by California`s rest period laws. California employees who work more than 3 and a half hours a day are entitled to a 10-minute rest outside of working hours. Breaks are counted as hours worked and must be paid. Under California`s 2021 Meal Break Act, employers must offer meal breaks, but don`t have to monitor whether employees take those breaks. Employers who fail to grant or deny a reasonable meal break to a non-exempt employee will be the bonus (penalty) due for one hour of additional wages for each business day on which this violation occurs. We have a staff member who had a long lunch almost 4 hours. Should this employee, instead of getting rid of it, then take a lunch break of at least 30 minutes at a later date? I did not see the specific law regarding extended lunch. Is lunch 30 minutes to an hour? If employees eat longer (1.5), is that okay? If more than 2 hours, isn`t that correct? These rest breaks in California must be counted and paid as hours worked. The break time should also be in the middle of the employee`s working hours, where possible.6 However, you and your employer can agree in writing to waive mealtimes altogether.

I currently work in a restaurant as a waiter. I arrived at 3:45 pm. At 4:15 p.m.m, my employer let us take a 30-minute lunch break. Sometimes I work overtime (10 hours) and they don`t tell me to take an extra 30 minutes off. A rest should be taken before the meal break, as I understand from other information on this page. I suspect that if this does not happen, then you owe an hour of payment rest penalty. No, it`s not your lunch. When you drive, do you eat? Whether it`s you or not, a “lunch” is an uninterrupted period during which you are completely exempt from the obligation.

Anything that is completely exempt from fees lower than the entire lunch break will be in violation of the Labor Code for lunch (meal times) and you will have to receive the reward for the 1-hour meal period. Would the mandatory 10-minute rest rule apply to drivers operating outside of California if the contracted route came from California? Employer`s Note: Be careful and consult with a lawyer before approving off-duty meal breaks. In-service meals were observed only in very limited circumstances. In 2012, the California Supreme Court ruled on a major meal and break case, Brinker Restaurant Corp.c Superior Court. Can your employer in California tell you when to take your lunch break? For example: The retail store tells you that you need to have lunch at the 3-hour mark of your shift, regardless of how long your total working hours for that day last. The correct answer is “it depends”. There are many types of exceptions under California labor laws. If you are a supervisor, you may fall under the supervisory exemption, also known as the executive exemption. But this exemption has many requirements that your employer may have blown up.

Other types of exempt workers also continue to be entitled to meal breaks and rest rights. For example, truck drivers are often considered released. However, under California labor laws, they still have to get their meal breaks and rest breaks. Another example is “inside salespeople,” who sell products or services while physically stationed in the employer`s office. Although they are generally considered “liberated”, they are still entitled to meal breaks and rest breaks. Consult a lawyer again to see if your situation qualifies for breaks. In my opinion (as an Internet viewer), everyone should protect themselves by doing what is right under the Labour Code. In my job, I usually work 5-6 hour shifts and have never had a break, not even a 10-minute break.

If I work more than 6 hours, they go into the system and add a 30-minute unpaid break that I`ve never done so they don`t get into trouble. .