Meal Break Requirements in San Jose, California
What are the meal and rest break requirements in San Jose, California workplaces? The laws are different for meal breaks and for rest breaks. The Venardi Zurada San Jose meal and rest break lawyers can explain each of them in more detail.
Under California law, an employee must be eligible for an unpaid meal break after working for five hours, and the meal break must be provided by the end of the fifth hour of employment. Meal breaks must be for at least 30-minute periods, and employees who work hours beyond the 8-hour day may be entitled to an additional meal break. A second meal break is required if an employee works more than 10 hours in a day, and the second meal break must be permitted no later than the 10th hour of work.
In order for a meal break to meet California law requirements, the employee must be relieved of all duties during the meal break period (i.e., the employee cannot be tasked with any work duties during the unpaid break), the employee must have total control over their 30-minute break time, and the employer cannot discourage the employee from taking a meal break. If the employee is required to perform any work duties, or if the employer has any control over how the employee spends their meal break, then it must be compensated time. If you believe your rights have been violated please speak with an employment law attorney at Venardi Zurada today.
Rest Break Requirements in San Jose, California
Rest breaks are also required under California law. Under state law, employees must be given 10-minute rest breaks when they work for more than 3.5 hours in a day. These paid rest breaks must be given at the rate of 10 minutes for every 4 hours the employee works. Generally speaking, rest breaks should be somewhere in the middle of each 4-hour period of work.
In an 8-hour workday, for example, an employee would be given a 10-minute rest break during the first 4 hours of work, a 10-minute rest break during the second 4 hours of work, and a meal break in between.
Contact Our San Jose Meal & Rest Break Lawyers
Employers who violate California laws on meal and rest breaks can owe employees additional pay in addition to facing other consequences. Any employee who has been denied meal or rest breaks in their California job, or has an employer who otherwise violated meal and rest break laws, may be able to seek compensation through a claim. Our firm can help. Contact our experienced San Jose meal & rest break lawyer today. Call us at (833) 893-6763 or reach out online.
