How many hours can an employee work without a break in California?
Five.
California law requires nonexempt employees to get a 30-minute meal break after working five hours in one day. Employees who work more than ten hours in a day are entitled to take another 30-minute meal break.
Shift Length | Break Length |
3.5 to 6 hours | One 10-minute rest break |
5 to 10 hours | One 30-minute meal break |
6 to 10 hours | Two 10-minute rest breaks |
10 hours or more | Two 30-minute meal breaks |
You can waive your meal break if you’re working no more than 6 hours in a day. However, you don’t have to – and your employer can’t legally make you.
These breaks have to be uninterrupted time while the worker is off-duty. An employer can’t require a worker to work while having a rest break or meal break – or otherwise control the worker’s activity. The bottom line is that regardless of how many hours an employee can work without a break in California, the employer has to do the following to remain compliant with our state’s meal and rest break laws:
Related: California’s new overtime law
You may be an exempt employee if you are a/an:
However, your job title alone doesn’t exempt you. In order to be an exempt employee, you must:
If none of those applies to you, you’re most likely a nonexempt employee – and that means you’re entitled to meal and rest breaks according to the table above.
Related: Contractor vs. employee: Which are you?
If you suspect your employer is violating California’s meal and rest break laws, you could have legal recourse – and you may be entitled to additional pay. Call us at 818-230-8380 or fill out the form below to tell us about your situation. If we can help you, we will.
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