MEAL AND REST BREAKS

(415) 342-4125

Meal Periods - Generally, an employer has a legal obligation to provide employees an uninterrupted meal period of no less than 30 minutes for employees who work more than five hours in a day, which must begin no later than the start of an employee’s sixth hour of work. For example, if an employee starts work at 8:00 a.m., the employee’s 30 minute uninterrupted meal period must begin no later than 1:00 p.m. However, if an employee works not more than six hours in a day, the employee and employer may mutually agree to waive the meal period.

Additionally, an employer has a legal obligation to provide employees with a second uninterrupted meal period of no less than 30 minutes for employees who work more than ten hours in a day. If an employee works not more than twelve hours in a day, the employee and employer may mutually agree to waive the second meal period, provided the employee has not waived the first meal period.

If the employee is not relieved of all duty or is not free to leave the work premises during the 30 minute meal period, the meal period is deemed an “on duty” meal period and counted as time worked.

Failure to provide a meal period in compliance with the law requires the employer to pay one hour of pay at the employee’s regular rate of compensation for each workday in which a violation occurred.

Rest Breaks - Generally, an employer has a legal obligation to authorize and permit nonexempt, hourly employees to take ten minute rest periods which, insofar as practicable, are in the middle of four hours of work or major fraction thereof, except if an employee works less then three and a half hours in a day, in which case no rest break is required. For example, an employee who works from three and a half hours up to six hours in a day is entitled to one ten minute rest break. An employee who works more than six hours up to ten hours is entitled to a second ten minute rest break. And an employee who works more than ten hours up to 14 hours is entitled to a third rest break, and so on.

Generally, in an eight-hour shift, rest breaks should fall on either side of the meal break and may not be combined with each other or with meal periods, absent factors making scheduling of rest breaks impracticable.

During rest breaks, employees must be relieved of their duties and cannot be required to remain on call.

Failure to provide a rest break requires the employer to pay one hour of pay at the employee’s regular rate of compensation for each workday in which a violation occurred.

If you believe that your rights in the workplace have been violated, give Mr. Velez a call or send an email. You may reach him at (415) 342-4125 and at martinvelez@comcast.net.

Mr. Velez represents employees throughout the San Francisco Bay Area, including Alameda County (Fremont, Hayward, Oakland, and Pleasanton), Contra Costa County (Antioch, Martinez, Richmond, and Walnut Creek), Marin County (San Rafael and Novato), Napa County (American Canyon and Napa), City and County of San Francisco, San Mateo County (Daly City, Menlo Park, and Redwood City), Santa Clara County (Mountain View, Palo Alto, and San Jose), Solano County (Fairfield and Vallejo), and Sonoma County (Petaluma and Santa Rosa).