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Q.What are the meal and rest period requirements in California? (CA)
A.Labor Code Section 512 sets forth the meal and rest period requirements for California employees. In California, if an employee is scheduled to work more than 5 hours per day, the employee must be provided a 30 minute meal period during which the employee is relieved of all duties. There are limited exceptions. The employee can waive the meal period if the employee's works no more than 6 hours. The employee cannot waive the meal period if s/he works more than 6 hours a day. If an employee is scheduled to work more than 10 hours a day, the employee must be provided a second 30 minute meal period, but the second meal period can be waived if the employee works no more than 12 hours and did take the first 30 minute meal period earlier in the day. In some cases, an "on duty" meal break can be provided but only if the nature of the job prevents the employee from being relieved of duty and the employee agreed in writing to an "on duty" paid meal break.
It should be noted that on October 22, 2008, the California Supreme Court granted review in Brinker Restaurant Corp. v. Superior Court, and will decide whether the employer must either: (1) provide its employees with the opportunity to take meal and rest breaks, or (2) require and ensure their employees take their meal and rest breaks.
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