California Meal Break & Rest Break Law (2018) – Quick Calculator + Charts

california meal break law, california rest break law

Under California meal break law (which is much more generous to employees than federal labor law), if you are a non-exempt worker, you are entitled to a 30-minute meal break if you work more than 5 hours in a workday.  You are also entitled to a 10-minute rest breaks for every 4 hours you work (or “major fraction” thereof). If your boss doesn’t comply with break law requirements, they are required to pay you one extra hour of regular pay for each day on which a meal break violation occurred, and another extra hour of regular pay for each day on which a rest break violation occurred.

Meal Break & Rest Break Calculator

This meal break and rest break calculator will tell you how many meal and/or rest breaks you are entitled to under California labor law.

Start of Your Shift (e.g., "9:00 am"): End of Your Shift (e.g., "5:00 pm"):
(The page will refresh after you press "submit". Scroll down to see results in blue text.)


California Rest Break Law Chart

Hours on the Clock Rest Breaks
0 – 3:29 hrs 0
3:30 – 6 hrs 1
6:01 – 10 hrs 2
10:01 – 14 hrs 3
14:01 – 18 hrs 4
18:01 – 22 hrs 5

California Rest Break Requirements

  • Your boss must give you a rest break of at least 10 consecutive minutes that are uninterrupted.
  • Rest breaks must be paid.
  • If you work at least 3.5 hours in a day, you are entitled to one rest break. If you work over 6 hours, you are entitled to a second rest break. If you work over 10 hours, you are entitled to a third rest break.
  • Rest breaks must to the extent possible be in the middle of each work period. If you work 8 hours or so, you should have a separate rest break both before and after your meal break.
  • Your boss may not require you to remain on work premises during your rest breaks.
  • You cannot be required to work during any required rest breaks. [Cal. Lab. C. 226.7]. BUT, you are free to skip your rest breaks provided your boss isn’t encouraging or forcing you to.

California Meal Break Law Chart

Hours on the Clock Meal Breaks
0 – 5 hrs 0
5:01 – 10 hrs 1
10:01 – 15 hrs 2
15:01 – 20 hrs 3
20:01 – 4

California Meal Break Law Requirements

  • If you work over 5 hours in a day, you are entitled to a meal break of at least 30 minutes that must start before the end of the fifth hour of your shift. BUT, you can agree with your boss to waive this meal period provided you do not work more than 6 hours in the workday. You can also agree with your boss to an on-duty meal break which counts as time worked and is paid.
  • If you work over 10 hours in a day, you are entitled to a second meal break of at least 30 minutes that must start before the end of the tenth hour of your shift. You can agree with your boss to waive the second meal break if you do not work more than 12 hours and you did not waive your first meal break.
  • You must be allowed to take your meal break off work premises and spend your break how you wish, since it is off the clock.
  • You cannot be required to work during any required meal break. [Cal. Lab. C. 226.7].
  • As of 2012, your boss has an affirmative obligation to ensure that breaks are made available to you but the actual taking of meal breaks is left to the employee. In other words, you are responsible for “breaking” yourself.

Note, rest breaks and meal breaks are supposed to be separate, they should not be combined. Your boss cannot give you a single 1-hour break and say that that counts as all of your meal breaks and rest breaks.

Keep in mind, there are many exceptions to the above for certain industries, such as the construction, healthcare, group home, motion picture, manufacturing, and baking industries.

Can I Sue My Employer for Violating California Meal Break and Rest Break Law?

Yes you can, and you should. If your employer is denying you meal breaks and rest breaks, you would be entitled to receive a penalty of 1 hour wages per day you were denied any rest breaks, and an additional penalty of 1 hour wages per day you were denied any meal breaks (for a maximum penalty of up to 2 hours wages per day). We can help you file a California labor board complaint. Give us a call at (213) 992-3299. Note, your claims are subject to strict filing deadlines. For meal and rest break violations, the filing deadline is usually considered to be 3 years thanks to a recent California Supreme Court decision. [Murphy v Kenneth Cole Productions, 40 Cal.4th 1094 (2007)], but in certain cases, a 1 year filing deadline could apply.

I Am an Exempt Salaried Worker, Can I Still Sue My Employer?

The correct answer is “it depends”. There are many kinds of exemptions under California labor laws. If you are a supervisor, you may fall under the supervisor exemption, otherwise known as the executive exemption. 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. However, under California labor laws, they must still receive their meal breaks and rest breaks. Another example are “inside salespeople” who sell products or services while physically stationed at the employer’s office. While normally considered “exempt”, they are still entitled to meal breaks and rest breaks. Again, consult a lawyer to see if your situation qualifies for breaks.

Call (213) 992-3299 and Get Your Labor Board Complaint Started Now

Feel free to give us a call at (213) 992-3299 if you want to discuss filing a labor board complaint. We have successfully obtained awards for our clients in over 97% of our trials and hearings — one of the best trial records in the State of California. Let us put our decades of legal experience to work for you.

Photo courtesy of cjmellows

2,187 Comments

  1. Juana on September 21, 2018 at 10:13 am

    Hello,
    If an employee works more than 7hrs without a brake do we have to add an extra hour to her pay?

    • Eugene Lee on September 21, 2018 at 6:38 pm

      That depends – on whether the employee wanted to skip their break (then no, you don’t have to pay the extra hour) or wanted their break but was prevented from taking it (then maybe yes, you do have to pay the extra hour). The issue is actually pretty complicated – for instance, was the employee punched out but interrupted while on break, did the employee not punch out at all for break, etc. I’d strongly recommend you speak with an employer-side lawyer as the consequences of getting it wrong could be very expensive for your company.

  2. Mike on September 21, 2018 at 9:00 am

    I work 1030pm to 7or 720am. Recently my managers schedule changed and they leave early so they tell me to take a break at 12-1am after being there just 2-2.5 hours then I work another 6 hours and they leave after I return so I don’t get my 2 duty free 10 min breaks and often work over 8 hours total in a day . I told them I don’t think they can break me for lunch that early . They replied via email that so long as I get a 30 min break it doesn’t matter when I take it . As long as I take it it can be anytime after I clock in. A previous worker used to have to clock in and then clock out for lunch as soon as he arrived. I’m worried this is what they will do to me now that he’s gone and the manager leaves right after I return from my break usually 1230 to 1am . I think they still owe me a meal break penalty. Am I correct that if they break me for lunch and I return and work more than 6 hours they still owe me a meal break pentaly of 1 hour at regular pay?

    • Eugene Lee on September 21, 2018 at 6:45 pm

      Since you are on the clock for 8 hrs and 50 mins, you would be entitled to just one 30-min meal break and two 10-min rest breaks. It sounds like you’re getting the meal break, but not the 2 duty free 10 min rest breaks, in which case you are owed 1 hr of penalty at regular pay for each day you didn’t get the 2 rest breaks. If the employer orders you to punch out for lunch as soon as you clock in, I think that is a violation. The Supreme Court has stated that in a typical 8 hour shift, there should be a rest break both before and after the meal break. So if that starts happening, I think you have an argument for 1 hour of penalty for each day you were ordered to clock out for lunch right away.

  3. Nolan on September 20, 2018 at 11:17 pm

    I work as a dishwasher, 8 hours per day, 4 days a week, 7:00-3:00. I am not given a 30 minute break. Most of the other employees waive their 30 minutes and eat meals on duty. I am not provided a meal, but waive my 30 each day anyway so that im not the only one asking for a break. I usually also waive my 10s, or just try to take quick breaks (~2 minutes) in between cycles. Am I entitled to receive back pay on all those days I didnt take a lunch break? Or did I have to specifically ask? Also what constitutes an on-duty lunch break under the law?

    • Eugene Lee on September 21, 2018 at 6:51 pm

      Well, that depends on whether you voluntarily skipped your breaks, which it sounds like you did. In that case, no, you couldn’t ask for a meal break penalty. Yes, you should be either asking to take your breaks, or you should go ahead and try to take them.

      An on-duty meal break is a special situation where the nature of your job does not permit you to leave the premises and take a normal, off-duty, uninterrupted meal break. In that case, the employer and the employee can agree in writing to an on-duty meal break where the employee continues to be on duty, on the clock, and working while eating (e.g., eating at your desk or station). In that case, no meal break penalty is owed.

  4. Leila on September 20, 2018 at 12:34 pm

    I recently provided my employer with a demand letter with an amount owed to me because while working for them they have never had a rest break policy and I have never received a rest break.now they told me that I took a break at times that I ran outside to smoke inbetween customers( which I have the phone on me to answer and take orders at all times even in the bathroom). Can that be considered a rest break.

    • Eugene Lee on September 20, 2018 at 6:20 pm

      No it cannot. First, bathroom trips do NOT count as rest breaks. As a matter of health, safety and basic human decency, employers must allow employees to use the rest room as needed. Smoke breaks CAN constitute rest breaks. However, if you were required to keep the phone with you and answer it at all times, then you were never relieved of your duties while on break. That is exactly the issue that came before the California Supreme Court in 2016 in Augustus v. ABM Security Services, Inc. The Supreme Court was very clear in stating that being required to keep and answer a radio meant security guards were never given proper rest breaks. If your employer doesn’t resolve your issues, you should seriously consider filing a labor board complaint. Please feel free to give us a call at (213) 992-3299, we’d be happy to discuss it with you.

  5. Benny on September 20, 2018 at 11:55 am

    I am a shift supervisor at a manufacturing facility. My crew is on a “California approved” four ten schedule. From what I have read, including the chart on your web page, my company is obligated to provide two 10 minute rest periods and one meal period, which is how we have been working since implementing the 4-10. However, some of the employees insist that a third ten minute break is warranted because about half of the time, they wind up working 2-5 minutes of overtime each day due to mostly legitimate reasons. This overtime is discouraged by the company, yet it continues to be recorded without consequence. In my opinion, saying they work over ten hours is splitting hairs. They are scheduled to work ten hours per day, never any more (6 AM-4:30 PM, with an unpaid 30 min. lunch). I personally wouldn’t mind giving them an additional break, especially if not giving it means running afoul of the labor laws, but upper management insists that they are not entitled to it. Please help me to understand what is required in my situation. Thanks.

    • Eugene Lee on September 20, 2018 at 12:02 pm

      Your workers are correct, your upper management is wrong. If workers are going OVER 10 hours on the clock, even by 1 minute (excluding off-the-clock lunch breaks), then they must receive TWO 30-minute meal breaks and THREE 10-minute rest breaks. That’s assuming they haven’t signed a meal break waiver giving up their second meal break (which only works if their shift does not exceed 12 hours).

      The risk your company takes by denying them those extra breaks exposes the company to significant penalties, liability, attorney fees. I don’t want to be harsh, but that’s pretty foolish of them.

  6. Crystal Taylor on September 20, 2018 at 10:14 am

    If I work 5:58 am-4:15 PM and take a 30 minute lunch break in between am i supposed to take a 2nd lunch?

    • Eugene Lee on September 20, 2018 at 11:53 am

      No – since you are on the clock for a total of 9 hours and 47 minutes (the 30 minute lunch doesn’t count as you are off the clock during those 30 minutes), you are entitled to only 1 30-minute lunch. If you go over 10 hours on the clock, then you would be entitled to a second 30-minute lunch.

  7. dee on September 20, 2018 at 12:08 am

    I recently revoked my meal waiver with my employer, and now my employer is requiring me to clock in and them immediately clock out for lunch, then work my 8 hour shift because they don’t have the needed staff to cover my position. they are also having me take my 2 10 minute rest breaks later in my shift, and I am not fully relieved of my duties (because Im maintaining possession of company keys while on break). this has been happening since I started working for this company, and they have never paid me for my missed rest periods. I am also on restricted duty per doctors note, and they haven’t been honoring my restrictions 100% of the time.

    how can I get my employer to comply?

    • Eugene Lee on September 20, 2018 at 11:55 am

      Complain in writing that you aren’t getting a proper meal break and rest breaks (email or text to supervisor and/or HR are best). If the employer doesn’t fix the problem, you should seriously consider the next step: filing a labor board complaint. Please feel free to give us a call at (213) 992-3299 and we’d be happy to discuss it with you further.

  8. Jose Vargas on September 19, 2018 at 7:48 pm

    I’m an exempt supervisor working 1:30 pm to 11:00 pm. I was told that I get 1 hour for lunch when I was hired. Now they cut it down to 1/2 an hour. Can they do that?

    • Eugene Lee on September 19, 2018 at 7:50 pm

      That really depends on whether you really are an exempt supervisor. Just because you are a supervisor and receive a salary doesn’t mean you *should* be exempt. Please feel free to give us a call tomorrow at (213) 992-3299 and we’ll be happy to discuss it with you. Exemptions can be relatively complicated, especially in California.

    • Eugene Lee on September 20, 2018 at 11:48 am

      I should add, California employers are required to provide a meal break of 30 minutes minimum. As long as you are getting at least a 30 minute meal break, the employer is complying with the meal break laws. If you are properly classified as an exempt supervisor (meaning you meet all the exemption requirements), then under California law, the employer is not required to provide you any meal or rest breaks at all.

  9. Alex on September 19, 2018 at 11:59 am

    From San Diego, California.

    I have not taken a 10 minute break at my job in about two years. I didnt even know it was a mandated thing. What should i do?

    Also, i work 8.5 hour shifts(lunches included as the .5) is there a specific hour that my lunch needs to be taken and finished before? Asking because usually i dont take a lunch. I work 8 hours then clock out for a lunch and go home, having a coworker clock me out after the 30 mins is over.

    • Eugene Lee on September 19, 2018 at 7:52 pm

      You should tell your employer and/or HR in writing (text or email) that you haven’t been getting rest breaks, then see if your employer fixes the problem. If they don’t, you should consider filing a labor board complaint. Lunch must begin before the sixth hour of your shift. If it doesn’t, that’s considered a late lunch violation and you would be owed 1 hour of penalty for each day that happened. In your case, you definitely have a late lunch violation. Please feel free to give us a call at (213) 992-3299 and we’d be happy to discuss it with you.

  10. Terri on September 18, 2018 at 9:18 pm

    Just curious

    If I work a 10 hr shift ( we are on a “alternative “ work schedule) am I required to take a lunch before the 5th hr? We do not have a set lunch schedule and most times we are sent to lunch 2 hrs into our shift. So after lunch we work 6-7+straight. What’s the difference between working 5 straight hours in the morning vs 5 straight hours in the afternoon?

    • Eugene Lee on September 20, 2018 at 11:51 am

      Terri, the California Supreme Court has said the employer is complying with the law so long as they provide you at least 1 30-minute meal break for any shift up to 10 hours, and as long as that lunch starts before the sixth hour into your shift. So in your case, there is no difference working 5 straight hours in the morning or in the afternoon, as long as you are getting your 1 30-minute meal break before the sixth hour.

      If your shift goes OVER 10 hours (even by a minute), then you are entitled to a SECOND 30-minute meal break.

  11. Leigh on September 18, 2018 at 5:11 am

    I work as an RN in a large hospital. I work 12.5 hour shifts. Is the hospital obligated to provide a 30 min. lunch break at the six hour of working mark. It is frequent that I will be told to go to my only meal break after 10.5 hours of work and clock out (an hour and a half before clocking out for home). At that time I would rather charge a meal penalty. Am I in my rights not to clock out and charge the hour? There is no language in the union contract to address this issue.

    • Eugene Lee on September 18, 2018 at 5:39 pm

      Most RNs are not exempt, so the answer is yes, you should be receiving a 30 minute lunch that starts before the six hour mark (assuming as you said that the union contract is silent). If you’re going to your first lunch after 10.5 hours, that is already a meal break violation because it is late, so you should be receiving a meal penalty regardless. As for following the employer’s instruction to clock out, you should generally comply so long as you aren’t actually working while off the clock. If you are still required to work even though clocked out, that is an off-the-clock violation. The above may seem a bit complicated or confusing. If you want to discuss it further, please feel free to call us at (213) 992-3299.

  12. Liza on September 17, 2018 at 12:22 pm

    Can my employer require that I attend a 1-hour mandatory meeting during my meal period but pay me for only 30 minutes of it? They are saying this is counted as a meal period, but I was in a meeting with my supervisor during the lunch meeting, and everything I see on the laws make me think this is against the labor code. Thanks!

    • Eugene Lee on September 18, 2018 at 5:47 pm

      No, the employer cannot do that, at all. That is a violation. You are owed a meal break penalty PLUS the one hour should be paid for as time worked. You should consider filing a labor board complaint. If you want to discuss it further, please feel free to call us at (213) 992-3299.

  13. Katie on September 16, 2018 at 10:03 pm

    What is the rule/law for a break area? We have a dedicated staff lounge with chairs, tables, fridge, microwaves, coffee makers, etc, and also with a outdoor seating area, but often meetings or events are held in the staff lounge and we are told we can’t eat there and need to go to the additional lounge that is very small and has no outside lounging area.

    Background….this is a public school. They allow PTA meetings, staff meetings, staff events, or student events in the staff lounge and we are notified it’s not available for break or lunch.

  14. CJ on September 16, 2018 at 3:36 pm

    I work in the baking industry at Panera. The way our job is set up there are two bakers that work each store one to set up the product and the other to bake it off. About a month and a half ago our 1st baker quit and our boss has been making 1 person do the job of two people. He schedules us 8 hours to do it. Naturally we go past our tenth hour sometimes and even work thru our thirty and two tens to finish everything. I read that it is our responsibility to take breaks but given our situation what course of action can I take to make sure we can take our breaks or that this is lawful? The main baker that works at this store has suffered psychological abuse over the stress of doing everything by himself.

    • Eugene Lee on September 18, 2018 at 5:49 pm

      You need to state in writing (text or email) to your bosses that you are doing the work of two workers and because of that, you are not having enough time to take your breaks. If the employer does not fix the situation (probably by hiring a second baker), then you should consider filing a labor board complaint because, at that point, the employer is violating your break rights. If you want to discuss it further, please feel free to call us at (213) 992-3299.

  15. Martin on September 14, 2018 at 11:58 am

    Hello, so i work at a warehouse, 4 days a week from 7 a.m. to 5:30 pm. We are given two 15 minute breaks and one 30. The way our they explain our 15 minutes is that legally the company is only supposed to give us a 10, but they’re being generous by giving us those extra 5 minutes for walking to and back from the breakroom. The issue i’m having is that the company wants us to be back at our stations, scanning something by the time the our break is over. It takes about 2-3 minutes for us to get our stations up and running. So to break it down, 5 minutes to walk back and to from the break room, 2-3 minutes of preparation, and 7-8 minutes of actually being in the break room. Is this legal?

    • Eugene Lee on September 14, 2018 at 9:01 pm

      No it is not legal. Rest breaks must be NET 10 minutes. In your case, because it takes 5 minutes to walk to/from the breakroom, you aren’t getting 15-minute rest breaks, you’re getting NET 10 minute rest breaks. But the problem is you’re only getting two of them. You are supposed to be getting 3 of them. Also, you’re only getting 1 unpaid 30-minute uninterrupted meal break, but you’re supposed to be getting two of them (assuming you are on the clock over 10 hours). So it appears you are being shorted 1 rest break and 1 meal break.

      You should consider filing a labor board complaint. Please give us a call at (213) 992-3299 if you want to talk it over.

    • Coleman Ruhlow on September 15, 2018 at 9:13 am

      amazon has ways of getting around these laws. we are allowed to clock in 5 minutes early or late in beginning and at the end of shifts. these “grace periods” along with the form u signed when starting, exempting u of ur second lunch are how they get around this.

      • Eugene Lee on September 18, 2018 at 5:53 pm

        That’s not surprising to hear, Amazon is a very slick operation run by very smart people. But even smart people slip up every now and then. If they ever do, give us a call at (213) 992-3299 and we’ll see what we can do about it.

  16. Christina August on September 14, 2018 at 9:01 am

    question when working an 8 hr shift do I have to have my lunch end by my 6th hour or just start with in my 5th hour?

    • Eugene Lee on September 14, 2018 at 9:05 pm

      Your lunch must start before the start of the sixth hour into your shift. So as an example, if you clock in at 9 am, your lunch break must begin BEFORE 2 pm. If it starts at 1:59 pm, that’s not a late lunching violation. But if starts at 2 pm or 2:01 pm, that IS a late lunching violation and you could be entitled to a 1 hour meal break penalty for each day that happens.

  17. Alan Parkin on September 13, 2018 at 6:34 pm

    Are non-except salaried workers required to take a lunch break? I want to be able to skip out work through my lunch so that I don’t have to be at work for 8.5 hours. I don’t, and won’t, make the minimum required wage to be exempt in California, but if just being salaried allowed me to not take an unpaid half hour lunch break I would choose that.

    • Eugene Lee on September 14, 2018 at 9:17 pm

      The law doesn’t prevent you from skipping meal breaks, it just prevents the employer from denying or interrupting your meal break. If you want to skip your meal break, that is actually up to your employer. Remember, your employer has the right to set your work and break schedule. If you chose to skip a break that your employer requires you to take, then the employer could rightfully discipline you. However, if your employer is ok with it, you can certainly choose to skip your meal break.

  18. sai on September 13, 2018 at 3:16 pm

    There are 12 employers at my job. my manager interrupts me on my lunch break. He tells an employee that he needs me to finish up something,so my employee goes outside and tells me my manager is looking for me. i have to stop taking my lunch, we have 3 office workers if 2 of them are sick and i am the only one left in the office my manager makes me take my lunch in the office close to the phone so i could answer it while being on my lunch. I would take my lunch outside with the phone because he has told me. he also says that we are only required to take a 10 min break every two hours because that is the California law. Other companies have 17 employees and they take a 15 min break , can someone please clarify all this information.

    • Eugene Lee on September 14, 2018 at 9:18 pm

      Sai, your employer sounds like he’s violating the break laws. Please give us a call at (213) 992-3299 and we’d be happy to break it down for you.

  19. Anil on September 12, 2018 at 5:59 pm

    What is the rule for rest break ?
    Rest break is the break inside the office or I can go out of my office building and take a rest break.
    Can my employer force me to take the rest break inside the office building, to avoid any liability issues ?

    • Eugene Lee on September 14, 2018 at 9:18 pm

      For rest breaks, you must be allowed to leave the office. That is what the Supreme Court itself has ruled.

  20. Chelsey on September 12, 2018 at 10:22 am

    I had my hours change where I show up ay 8am, take one 10 minute break, then lunch grom 1pm-2pm. Im being told now I do t get a 2nd 10 minute break since I work from 2pm-5pm. Is this correct?

    • Eugene Lee on September 14, 2018 at 9:23 pm

      That is incorrect. Since you were on the clock over 6 hours, you must receive a second 10-minute rest break. If that isn’t happening, make a written complaint (text or email is fine) to your supervisor and/or HR that you aren’t getting your second rest break. If the employer doesn’t fix it, you should consider filing a labor board complaint.

  21. Angel on September 11, 2018 at 8:56 pm

    My employer pays me by monthly salary not by hours. they recently changed my schedule from working 8:30am-5:00. I was wondering how long of lunch break and rest break should I be receiving?

    • Eugene Lee on September 11, 2018 at 9:09 pm

      That depends on if you an exempt employee or not. If you are paid a salary, that definitely indicates that your employer thinks you are exempt. But the question is: is your employer correct? If you are properly exempt, whether you are entitled to breaks depends on what kind of exemption you fall under. We would need to know a lot more about your situation to fully answer your question. Please feel free to call us tomorrow at (213) 992-3299 and we’d be happy to discuss it with you.

  22. Juan R. on September 11, 2018 at 10:30 am

    Yesterday i worked past 6 hours, the manager said i couldn’t take a meal break just a 10 min break. Then a week later i get written up for not taking a lunch. also when i work 4 hours they won’t give me 10 min break. Is this legal?

    • Eugene Lee on September 11, 2018 at 9:11 pm

      None of that is legal. If you work past 6 hours, you are definitely entitled to one meal break (even if you signed a waiver) and two 10-min rest breaks (rest breaks can’t be waived). The fact they wrote you up for supposedly missing your lunch break when your manager told you you couldn’t is pretty outrageous. You should consider filing a labor board complaint. Please give us a call at (213) 992-3299 and we’d be happy to help you get that started.

  23. Becj on September 8, 2018 at 11:38 am

    I work in a dental office and i do not get a chance to receive my 10 min break… is that ok cause i follow under the healthcare

    • Eugene Lee on September 9, 2018 at 8:21 am

      No it’s not – you must still receive your rest breaks. Employees in the health care industry who are covered by Wage Order 4 or 5 are entitled to two meal periods but can voluntarily waive one of them. This exception permits health care workers to waive meal periods even on shifts in excess of 12 hours. The employees need not be subject to a CBA, but the waiver does have to be in writing. Rest breaks, however, cannot be waived.

  24. Steffanie Mejia on September 7, 2018 at 5:59 pm

    i work in a spa from 12:30 om – 8:30 pm and there are times were i take early Lunch breaks at 2:30pm or 3:30pm. is that OK? i also don’t get my paid breaks, how would i go about bringing up to a manager about my rights as a pregnant front desk spa worker?

    • Eugene Lee on September 7, 2018 at 8:16 pm

      I think early lunches are fine. The problem arises if your employer isn’t allowing you to start your lunch before 5:30 pm, because that becomes a late lunch violation. As for not getting your paid rest breaks, that’s a violation, and especially concerning given you are pregnant and need those rest breaks. You should consider sending an email or text message to your employer, letting them know you aren’t getting your rest breaks. If your employer doesn’t fix the problem, you should consider filing a labor board complaint. Please feel free to give us a call at (213) 992-3299 if you want to discuss it.

  25. Xiong on September 7, 2018 at 5:35 am

    I work from 6pm till 630am we get 3 15min break and 1 30min lunch is that okay?

    • Eugene Lee on September 7, 2018 at 7:30 am

      No, not okay. You are supposed to get another 30 min lunch. Even if you signed a meal break waiver, it would not matter because your shift was over 12 hours. You should consider filing a labor board complaint

  26. Mabek Medina on September 6, 2018 at 1:41 pm

    Question? I called in sick 30m before my shift and couldnt work for 2 consecutive days.. i was asked to provide a doctor note before returning to work but i don’t have medical insurance. The soonest i can see a doctor is Sept. 21… i have no job at this moment therefore no income… is this lawful?

    • Eugene Lee on September 6, 2018 at 1:50 pm

      No they probably can’t require you to produce a doctor’s note for being sick. The law doesn’t specifically address this issue. However, the Labor Board has stated that, since there’s nothing explicitly allowing employers to ask for doctors’ notes, conditioning the leave on the employee providing one “can arguably interfere with the employee’s use of paid sick leave….” The DIR says that it will analyze whether denying leave for failure to provide a note constitutes retaliation “according to the unique facts of the case.” https://californiaemploymentlaw.foxrothschild.com/2016/02/articles/advice-counseling/can-ca-employers-require-a-doctors-note-for-paid-sick-leave-part-2/

      So in short, I think the employer could be charged with interference or retaliation if they require a doctors note.

  27. Liretta on September 4, 2018 at 11:43 pm

    My boss thinks that if we only work 5 hrs a day and we take a 30 min lunch that we are not required to get a 10 min break that day. So we only get a lunch if we work 5 hrs is this legsl

  28. Chris on September 2, 2018 at 10:14 pm

    My employer is starting a new policy where I am expected to come in 30min earlier to my shift so I can clock out right away and go on a meal break is that legal? Sometimes I only work 4 hours a day and don’t need a break yet they still want me to arrive 30min early and clock out.

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