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No lunch break11/19/2023 Can Employers Require Employees to Take “On-Call” Lunches?Īn “on-call” lunch break is defined as when an employee is not relieved of their responsibilities and/or remains on the worksite during his or her break. She does not have the right to waive her lunch period. However, because Eugenia works more than six hours in a day, she is required by California law to take her meal break. She assumes that if she works through lunch, she can go home early to get ready. On Thursday, Eugenia wants to go to a concert with her boyfriend. Only employees who work less than six hours have the right to waive their meal break, with the written consent of their employer.Įxample: Eugenia has a job at a high-end jewelry retailer where she works seven hours per day. However, according to California break laws, employees that work six or more hours are required to take meal breaks, regardless of whether they are paid. Some employees may therefore wish to work through lunch and go home early. It is not required for employers to pay their employees during meal breaks. These industries include:Īre Employees Paid During Their Lunch Breaks? In California, certain industries have unionized workers who separately negotiate their own lunch break requirements (Labor Code 512 LC). What are examples of unionized employees? An employee, working full-time, earns at least twice the California minimum wage.An employee consistently makes his or her own decisions, using his or her own judgement.Most of an employee’s work time is spent on managerial or original, proprietary work.To be classified as an exempt employee, one must meet these requirements: Under California law, an exempt employee is a person employed in a managerial, executive, administrative, or professional capacity (8 C.C. Standard lunch break laws do not apply to certain types of employees: Under California law, non-exempt employees are entitled to a meal break. Which Employees are Entitled to a Lunch Break? According to California law, Jason is entitled to a 30-minute lunch break because he works nine hours a day. While Jason loves cleaning fish tanks, he also loves the chicken korma he put in the employee refrigerator that morning. The boss asks that Jason continue working. On a Friday, he is about to take his lunch break when his boss claims that he is not entitled to a meal break. 12 or more hours = Two 30-minute lunch breaksĮxample: Jason has a job at Petsmart that requires him to work nine hours a day.10 or more hours, but less than 12 hours = Two 30-minute lunch breaks (one waivable by employee).6 or more hours, but less than 10 hours = 30-minute lunch break.5 or more hours, but less than 6 hours = 30-minute lunch break (waivable by employee).Less than 5 hours = no lunch break required.Working hours and correlated meal breaks, according to California law, are listed below: An employee who works more than ten hours (but fewer than 12) may also waive one of his two meal breaks (Labor Code 512 LC). If an employee is working six hours or fewer in a day, he or she is eligible to waive his or her lunch break. In certain instances, under the California Labor Code it is possible to waive a lunch break. An employee who works more than ten hours in a day is entitled to a second meal break of equal length (Labor Code 512 LC). The meal break must be at least 30 minutes in duration. Under California law, employers must provide lunch breaks to employees who work more than five hours in a day. 5 Things to Know About California Law About Lunch Breaks
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