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What work breaks am I entitled to in California?

On Behalf of | Sep 20, 2018 | Firm News |

If you are a worker in the state of California, you are entitled to certain breaks throughout the working day. These break entitlements are set by the Fair Labor Standards Act (FLSA) to ensure that no workers face exhaustion or suffer due to being overworked. They also ensure that workers are able to eat and keep hydrated, especially during long shifts.

It is important that employees understand the rights that they are entitled to so that they can demand them if their employers are unaware or refusing to give in. If your employer is denying the adequate amount of paid and unpaid breaks during the working day, you can start to take legal action and potentially recoup damages.

The law on meal and rest breaks in the state of California

In the state of California, the law asserts that an employee should not work more than five hours per day without a 30 minute break in order to have a meal. However, this is open to negotiation if the employer and employee agree that the break is not necessary and the employee is not working more than a six hour shift.

This law works in the same way for 10 hour and 12 hour shifts: The employee has a right to have two meal breaks of 30 minute durations, but as long as the employee does not work more than 12 hours, the employee can waive the second break.

Rest breaks are also an employee right in the state of California. Every four hours, employees are entitled to a 10 minute rest break. Using the bathroom should never be regarded by an employer as taking a rest break. This issue is a common cause of disputes in the workplace, but employees should remember that they are entitled to 10 minute rest space that is separated from toilet facilities.

If you have found yourself in a dispute with your employer in regard to the amount of meal and rest breaks that you are entitled to, it is important that you research more about the law in the state of California. Being empowered with information can help you to solve the dispute successfully.