![]() ![]() ![]() These workers, though, must be provided a supply of soap, potable water and single use towels for washing. In trades or situations where it is not possible to leave the work site, such as mining, logging or construction, these workers are covered under a separate industry wage order. If the worker is required to remain on-site, the meal period must be paid even if the worker is not working during this time. Leaving the Work SiteĪ non-exempt worker must be permitted to leave the work site for a meal break. and 6:00 a.m., the employer must provide facilities whereby workers can obtain hot food and drinks. If the meal period occurs on a work shift that begins or ends at or between the hours of 10:00 p.m. Such workers include security guards or those working night shifts when no other employees are present. In these cases, there must be a written agreement with the employer agreeing to an on-duty or on-the-job meal period, which must state that the agreement is revocable at any time by the worker.Ĭertain workers, though, may not agree to an on-duty meal period unless the employee would be prevented from being relieved of all duty. There are also occasions when the nature of the employee’s work does not allow him or her to be relieved of all duties. ![]() For these workers who work past midnight, facilities for providing hot drinks and food must be provided unless the employee is regularly scheduled to work at these hours and is an off-production employee. They also get a second meal break no later than 6 hours after the end of the last one. Employees in the movie or motion picture industry must have a 30 minute to 60 minute meal break after no more than 6 hours. There are other exceptions to the meal break provisions. If you feel you have been misclassified as exempt, contact the attorneys at Tovarian Law and we will determine if you are indeed exempt or not. EXCEPTIONS TO MEAL BREAK LAWS Exempt WorkersĮxempt employees are not entitled to meal or rest breaks under California law. You are also entitled to a second meal break of at least 30 minutes if you are working at least 10 hours in a day, though you may again waive by mutual consent with your employer having a second meal break if your workday is no more than 12 hours and the first meal break was not waived. For workers whose workday is only 6 hours, you and your employer may waive the meal break by mutual consent. If you work more than 5 hours, the meal break laws mandate that you receive a minimum of a 30 minute meal break. ![]()
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