Meal and rest break compliance is the source of a great deal of litigation, and California employers face costly consequences for violating meal and rest break rules, including significant penalties. Thus, it is imperative that you understand and follow California's complex meal and rest break requirements.
Nonexempt employees are entitled to an uninterrupted, 30-minute unpaid meal break when they work five hours or more, and a paid 10-minute rest break for each four hours worked or major fraction thereof. If you do not provide an employee with the opportunity to take compliant meal and rest breaks, you will owe the employee one hour of premium pay for the meal and/or rest break violations.
In addition, you cannot require an employee to work during any “recovery period” taken to avoid heat-related illness. For more information, see Heat Illness.
Read about 2024 legislation and a recent court case.