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Writer's pictureManuel Parada

Avoiding the Pitfalls: How to Comply with California's Employee Break Laws and Protect Your Business

Updated: Mar 15, 2023

As an employer in California, you are subject to state laws that regulate the rights of your employees to take breaks. In addition to allowing non-exempt employees to take short breaks throughout their shifts, you must also provide an uninterrupted meal break of no less than 30 minutes per shift. In some cases, however, business owners may be tempted to combine their employees’ rest and meal breaks in an effort to maximize efficiency. But while you may feel the urge to give employees just one break encompassing both rest and meal time, doing so could leave you vulnerable to expensive fines and lawsuits.

In California, the law prohibits employers from providing employees with a break—even one that includes both rest and meal components—that is “interrupted by any work of the employer.” Therefore, if you combine both rest and meal breaks into a single break or allow employees to engage in work-related tasks during their break times, you could be in violation of state law.

In addition to being illegal, combining rest and meal breaks poses a serious financial risk to business owners. In California, employers found to be in violation of the state’s wage and hour laws can be held liable for unpaid wages, liquidated damages, and attorneys’ fees. Depending on the size of your business and the severity of your violation, the fines and penalties associated with rest and meal break violations can be substantial.

Finally, granting employees a full, unpaid meal break each day will be the right thing.


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Some example are:

Not accruing or not allowed to use paid sick leave

Not being paid promised vacations or bonuses


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