California is one of the few states that made it compulsory in their law that employers must provide breaks, and also ensures that employees be compensated for some of this time. In this particular state, California break laws require employers to provide both a meal break and paid rest breaks.
California laws require employers to offer a meal break of 30 minutes once the worker has worked five hours. It is not mandatory for employers to pay for this time; in other terms, meal breaks are not paid session. If the employee’s work session will finish in six hours or less, the employee may decide not to have the meal break.
Also, a worker who works ten hours has the right to observe a second meal break of 30 minutes which is unpaid. If the whole work session will not go beyond 12 hours, the worker might decide not to have a second meal break. Nevertheless, the second break can only be waived if the worker observes the first break. (In other terms, a worker may not waive the two breaks in one day.) All these depend on the employees’ sole decision.
According to data sourced from California break laws, employers are mandated to allow rest breaks. Employers must always ensure and allow their workers to observe a paid rest break of 10mins for every 240-minutes (or major fraction) worked. In practical terms, these breaks must be provided in between work period. Meanwhile, breaks are not provided for employees whose complete daily work session is less than three-and-a-half hours.
Is it a Must for Employees to take their break?
In the year 2012, the California Supreme Court decided a major case about meal and rest breaks. The court discovered that the employers have done their own part of the meal break issue if they allow the employees to leave their place of work and relieve them of all work duties for 30 minutes. Employers don’t have the right to pressure the workers to work during a meal break, but they are not mandated to ensure that employees do not perform any work activities during a break.