Sometimes, you just want to get rid of your work.
It is not uncommon to feel that working during a lunch break is the best way to achieve this.
It is legal in some cases to work through your lunch hour in California and waive your lunch break. It is not legal in all cases.
It can be difficult to understand California’s meal period laws, especially as they change each year.
California Meal Break Requirements
California law mandates that all employees, exempt or not, take at least one meal break and a rest period during their workday.
Employees can take a 30-minute unpaid meal break. They can concentrate on whatever business they want, from personal tasks to running errands. These 30 minutes are free of any dietary restrictions.
It’s useful to have a basic understanding of how break and lunch periods work, as well as the laws governing meal periods.
California’s lunch break law stipulates:
- Your employer must provide a 30-minute uninterrupted meal break if you work for more than five hours consecutively.
- Your employer must provide two 30-minute meals breaks if you work for more than ten hours consecutively.
- Your employer must provide three 30-minute meals breaks if you work more than fifteen hours consecutively.
- You get four 30-minute meals breaks if you work more than twenty hours.
- Employers must allow employees to eat for 30 minutes uninterruptedly during meal breaks.
- Employers are only responsible for providing their employees with break opportunities–taking the break is the employee’s responsibility;
- Employers must release employees from all duties during meal breaks.
- This time, employees can do whatever they like.
- All 30-minute meal breaks will not be paid.
Exempt or salaried employees working in certain occupations must receive meal breaks.
However, certain occupations like truck driving, construction and motion pictures are exempted from labor laws. It is best to consult a skilled employment lawyer because meal laws can vary from one city to the next in California.
California Rules for Skipping Meal Breaks
California permits you to skip meal times without any legal consequences for your employer, if you have volunteered to do this. You can skip any meal break if you work less than six hours.
If you work for more than six hours, your employer may waive your meal break. However, you must first agree with your employer in writing.
These paid “on-duty” periods are often when your job does not allow you to leave your office.
Summarized from an article by Ottinger Employment Lawyers.
