First, if you aren’t allowed to take legally required breaks, or you’re required to work through your breaks without getting paid, contact your lawyer.
Your lawyer would help you understand the laws of your state. In these cases, the laws change in every state. If you work in California, you should know your rights.
Under California law, employees are entitled to have meals and rest breaks. The meal break is 30 minutes unpaid, and two paid 10 minute rest breaks. This applies if the worker has a shift of 8 hours. Employees must receive meal breaks before the end of the fifth hour of work. Employees must also receive 10 minute off duty rest breaks for every four hours worked, and the rest of the breaks should be in the middle of a work period “insofar as practicable.”
If an employee works less than 6 hours a day, they can agree to waive the meal break. In some situations, an employee can agree to an “on-duty” meal break where they continue working during a meal break but is paid for the time. This type of agreement should be in writing to ensure that the employer would respect the agreement.
Employees are protected under rest break laws in the State of California. Rest breaks are considered as hours worked and must be paid. The general rule for these breaks is that if you work over 6 hours, you should receive 2 breaks. If you work over 10 hours, you should receive three.
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