California Meal Or Lunch Break Laws: Exempt And Non-Exempt Employee

Are you not getting meal breaks at work!!?? Doesn’t your employer giving you a meal break!?

Then we are here to let you know about the California meal break law.

Generally in work, it’s important to get the energy of the work. Thus the meal is so important there. But it’s an agony that many employers don’t give employees a meal break! The California Government thus made some rules against such a heinous act.

The article is going to inform you in such an easy way with the rules and regulations.

Below you will find details about the California meal or lunch Break Law and what is a meal period.

California Meal Or Lunch Break Laws

Meal Break Requirements

According to California laws, the employees who generally work more than 5 hours a day; must be given a 30-minute meal or launch break. But, if the employee works no more than 6 hours in a day; then he/she may decide to waive that meal break or not.

The employees who work more than 10 hours a day, must be given a second break of 30 minutes according to laws. But if the employee wants to waive the break then s/he can. While the employee doesn’t have to work for more than 12 hours, he/she may do so. Again if, s/he did not waive the first meal break then may waive the second meal break.

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What If The Employer Not Allow The Meal Break

It may happen that your employer doesn’t give you the meal break. The employers who do things like this will have to pay the employees for every break.

For example, suppose A works under B. B works every day for 12 hours. And A don’t give any meal break to B. Then, B every day does an extra 1hour job. So, A will have to pay B for this extra work according to B’s wage, according to California Meal or Lunch Break Laws. And this must be added with the main wage every month.

If the worker claims after 250 working days that the employer didn’t pay for this extra work in any month. Then he has to pay the worker for this extra work by the court.

Must An Employee Take His/Her Meal Break?  

The California Supreme Court had a big case in 2012 about meal and rest breaks. The employers must give meal breaks to the employees, the Court found. If they relieve the employees for such a time then they can produce more quality works.

But the employers may not pressure the employees for these meal breaks. It’s the workers’ freedom to choose it or not. While a worker wants to work that time s/he may do so.  And that will be added as extra work and the employee will be paid.

Penalties:

For ignorance, some companies may fail to provide meal breaks. But the companies try to save money, don’t give meal breaks to the workers normally. According to California laws, if a company do such act then the employer will be punished. The employer has to pay the worker for the extra hours of work. This is called “Premium pay”.

But if the employer fails to pay the premium amount, the worker can file a wage claim to the court. The worker must file the wage claim within 3years from the date of the violation. But the worker must be eligible to get such breaks and they also should prove that they didn’t get the meal breaks. These laws are according to California Labour Laws.

It’s being very tough to have concentration over things for hours and hours. Sometimes our brain and body get stuck for non-stop works. Then we need breaks. The breaks for recharging our soul, for a reboot and a boosting. It’s unfair, not giving the employees a meal break at least!

The California Government is so serious about such things.