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But that exemption has many requirements which your employer may have blown. Also, other kinds of exempt employees are still entitled to meal break and rest break rights. For instance, truck drivers are often considered exempt and are not entitled to California meal and rest breaks (although they must get breaks after 8 hours under federal law).
Employers are required to give each employee at least a ten (10) minute paid break for each four (4) hours worked (or major fraction of four (4) hours). If an employee works three and one-half (3 1⁄2 ) hours or less, it is not required that a break be given to that employee. Breaks should be given to employees as near to the middle of the ...
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10-Minute Rest Break Obligations. Employers must authorize and permit uninterrupted rest breaks for all nonexempt employees whose total daily work time is at least 3.5 hours. These mandatory rest breaks must be offered at the rate of 10 minutes for every four hours worked, or "major fraction" thereof. Anything over two hours is considered by ...
ABM Security Services, Inc., (2016) 5 Cal.5th 257, 269, the California Supreme Court held that the rest period requirement "obligates employers to permit-and authorizes employees to take-off-duty rest periods. That is, during rest periods employers must relieve employees of all duties and relinquish control over how employees spend their time."
Under California law (IWC Orders and Labor Code Section 512), employees must be provided with no less than a thirty-minute meal period when the work period is more than five hours (more than six hours for employees in the motion picture industry covered by IWC Order 12-2001).Unless the employee is relieved of all duty during the entire thirty-minute meal period and is free to leave the ...
Jul 16, 2021 · The California Supreme Court’s Decision. On July 15, 2021 the California Supreme Court issued what is likely the final word (in the absence of legislation) on how to interpret the statute. Employers were disappointed when a unanimous California Supreme Court reversed. The Court’s primary rationale is a bit simplistic.
People also ask
What are the meal and rest break requirements in California?
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When should a break be given to an employee?
Can a non-exempt employee take a lunch break in California?
What is a mandatory rest break?
Workers covered by California Labor Code 512 can be entitled to a meal break if their shift is long enough: Less than 5 hours: No required meal break, Between 5 and 6 hours: A 30-minute meal break that can be waived by the employee, Between 6 and 10 hours: A 30-minute meal break, Between 10 and 12 hours: A 30-minute meal break, plus a second 30 ...
