In California, you cannot employ someone for a work period of more than five hours without providing an unpaid, off-duty meal period of at least 30 minutes. The first meal period must be provided no later than the end of the employee’s fifth hour of work.
The employer satisfies its legal obligation to provide an off duty meal period to its employees if it:
– Relieves its employees of all duty.
– Relinquishes control over their activities.
– Permits them a reasonable opportunity to take an uninterrupted, 30-minute break.
– Does not impede or discourage them from doing so.
– A meal break can be unpaid only if all of the above conditions are met.
When a work period of not more than six hours will complete the day’s work, the meal period may be waived by mutual consent of the employer and the employee.
David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (818) 918-5522 or by visiting http://payablaw.com/
