California lunch break law for exempt employees requires employers to provide a 30-minute uninterrupted lunch break to exempt employees who work more than five hours per day. These employees must be relieved of all duties during this break.
If an employer fails to provide the required lunch break, they may be violating California lunch break law for exempt employees. However, exempt employees may voluntarily waive their lunch break if certain conditions are met.
Provisions Of California Lunch Break Law for Exempt Employees
Here are 10 provisions of California lunch break law for exempt employees:
Length of Lunch Break
Exempt employees in California are entitled to a lunch break of at least 30 minutes. This break must be taken no later than the end of the fifth hour of work.
Timing of Lunch Break
The lunch break must be taken before the end of the fifth hour of work. If an employee works for more than 10 hours, they are entitled to a second 30-minute lunch break.
No Working During Lunch
Employers are required to relieve employees of all duties during their lunch break. This means that exempt employees are not allowed to work during their lunch break.
On-duty Meal Period
In certain circumstances, exempt employees may be allowed to have an on-duty meal period. This means that they can eat while still performing their job duties, but only if the employer and employee agree to it in writing.
Revoking A Meal Period
Employers are not allowed to revoke a lunch break once it has been granted to an exempt employee. Employees must be allowed to take their full lunch break.
Penalty Pay
If an employer fails to provide a meal break to an exempt employee, they must pay the employee one additional hour of pay at their regular rate of pay.
Voluntary Waiver
Exempt employees may voluntarily waive their lunch break if they work no more than six hours a day. This waiver must be in writing and can be revoked at any time.
Restrictions on Waiver
Exempt employees who work more than six hours a day cannot waive their lunch break. Even if an employee signs a waiver, they are still entitled to a lunch break.
Recordkeeping
Employers must keep accurate records of all meal breaks provided to exempt employees. The records must be kept for at least three years.
Retroactive Payments
If an employer fails to provide a meal break to an exempt employee, they must pay the employee one additional hour of pay at their regular rate of pay for each day that the employee did not receive a meal break. The payments must be made retroactively, even if the employee did not complain at the time.
California law provides several provisions to protect the lunch break rights of exempt employees. Employers must comply with these provisions to avoid penalties and legal action. Both employers and employees need to understand these provisions and their rights to avoid any misunderstandings or disputes.