Rest and Meal Break Violations

California rest and meal break laws further enhance existing federal laws about break times and payment. Under federal law, employers must pay employees for any breaks ranging between five to 20 minutes as part of the regular workday, while any break that lasts for at least 30 minutes does not need to be paid if the employee does not have any work duties during that time. However, if an employer does not allow breaks, these laws do not come into play. California enhances these laws by requiring employers to provide a 30-minute unpaid meal break once an employee has worked for five hours. An employee may waive this right if his or her shift lasts for six hours or less. Employees who work 10 hours have a right to a second unpaid 30-minute meal break during their shifts. If the shift does not last for more than six hours, an employee may waive the second meal break, but he or she cannot waive the right to the first one. State laws also require employers to provide rest breaks. These breaks constitute one paid 10-minute rest period for every four hours of work, so long as the total daily work time is greater than three and a half hours. If practical for the job, these 10-minute break periods should fall in the middle of the four-hour block.