Are California Businesses Required to Give Employee Breaks
Oct 27 2021 0

Are California Businesses Required to Give Employee Breaks?

To be successful, business owners have to know a lot about many things. While it is likely that they have skilled expertise in their industry, that is not the only thing they must have an extensive understanding of. If a business has employees, the business owner must also be keenly aware of the federal and state-mandated labor laws. 

In the state of California, if a business has exempt employees, non-exempt employees, or both, the business has to allow for a meal break. When an employee has a shift or a daily routine of working five hours, they must be given relief for 30 minutes. That 30-minute break must not be interrupted either. Should a business violate these regulations, they can be held responsible and be required to pay overtime wages.

Employees Rights to Meal Breaks

Are California Businesses Required to Give Employee BreaksIf an employee works five hours, they can receive a 30-minute meal break. When an employee works for 10 hours, they are entitled to a second 30-minute break. Independent contractors though, do not have these privileges. Meaning if you have independent contractors working for you, they do not get the benefit of break time. 

Even though an employee is given this break time, California labor laws do not make employers pay for the downtime. Sometimes, an employee may not want to take breaks. If this is true, they can work with their employer to forfeit them.

For employees that do not want to surrender their break times an employer must not:

  • Have any control or authority over the employees while they are on break.
  • Intimidate or obstruct an employee from taking their break.
  • Expect that workers will be engaging in work-related activities while on break.
  • Have fair accommodations for an employee to take their break.

It is expected that employers provide a safe working environment with appropriate break times for their employees. Always staying abreast of labor laws is important to the running of your business. If a disgruntled employee wants to take civil action against their employer for any reason including concerns over their break time, they can do this.

For business owners, minimizing legal challenges keeps costs low and a business running smoothly. This is why understanding all requirements for how to conduct your business and what employee rights are, are so important. 

If you have questions about business law in California, the Los Angeles business and civil attorneys at Leiva Law can help. Likewise, if you are facing a legal challenge your reputation and your business can be put in jeopardy without sufficient representation. Levia Law has the Los Angeles business litigation attorneys that can represent you and fight on your behalf to overcome your suit.

Call a Los Angeles Business Attorney Today

The Los Angeles employee and employee handbook lawyers at Leiva Law have a passion for providing their clients with the highest quality legal services. The attorneys at Leiva Law provide top-quality legal representation and guidance to business owners in Los Angeles County. Call Leiva Law today to schedule a free consultation at (818) 519-4465.


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