California Lunch Break Law 2022: What You Need to Know

As an employee in California, it's essential to understand the lunch break laws that apply to you. In this article, we'll cover the key requirements and entitlements for nonexempt employees under California labor codes.

Exempt Employees vs. Nonexempt Employees

To start, let's clarify the difference between exempt and nonexempt employees. Exempt employees typically meet certain requirements, such as having job duties that require regular use of discretion and independent judgment, earning a monthly salary at least twice the minimum wage for full-time employment, and working under specific conditions.

Nonexempt Employees Entitlements

On the other hand, nonexempt employees are those who earn weekly wages, with some exceptions. Under California labor codes, nonexempt employees are entitled to meal breaks but not rest breaks. However, employers cannot require them to combine all their breaks into one break or discourage them from taking breaks.

When Are Employees Entitled to Meal and Rest Breaks?

The entitlement to meal and rest breaks depends on the length of the shift and whether the employee has already waived certain breaks. For example, employees working a four-hour shift are entitled to one rest break and two after working eight hours. Additionally, nonexempt employees must receive at least a ten-minute period of paid rest for every four hours of work.

Waiving Breaks

It's worth noting that employers can choose to waive certain breaks, but they cannot require employees to combine all their breaks into one break or discourage them from taking breaks.

Meal Break Requirements

Under California labor codes, nonexempt employees must receive a meal or lunch break for a minimum of 30 minutes for shifts longer than five hours. If an employee works more than 10 hours in one workday, they are entitled to a second 30-minute unpaid meal break, which can be waived if their work day isn't longer than six hours.

In summary, understanding California's lunch break law is crucial for nonexempt employees. By knowing the requirements and entitlements, you can ensure that your employer provides you with the necessary breaks during your workday. Remember to prioritize your well-being and take advantage of these breaks when needed.

California lunch break law 2022