Federal Law

• The federal Fair Labor Standards Act covers employers who conduct interstate commerce, produce profits of at least $500,000 annually, or provide health care or educational services. Additionally, it covers state and local government agencies. Under the Fair Labor Standards Act, covered employers do not have to provide their employees with rest or lunch breaks. However, the U.S. Department of Labor requires them to pay them for rest breaks that are less than 20 minutes if they voluntarily allow their employees to exercise rest breaks. Additionally, employers who allow their employees to eat during the day do not have to pay them for their meal breaks, unless they are less than 30 minutes long.
  
  

California Rest Break Law

• In California, employers must give their employees at least 10 minutes for every four hours worked to exercise a rest break. Employers must pay them for their 10-minute rest breaks, and they may require their employees to stay on-site during their rest breaks, since they are paid.
  
  

California Lunch Break Law

• California law requires employers to give each of their employees 30 minutes to consume food for every five hours they work. Employers do not have to pay their employees for their meal breaks if they are at least 30 minutes in duration. Employers must allow their employees to exercise an additional 30-minute lunch break if they work more than 10 hours per day. However, employers and employees can enter into written agreements waiving their second break in exchange for pay for at least 30 minutes. Employers can enter into waiver agreements if the employee did not work more than 12 hours that day, and he was given a first lunch break.
  
  

Minimum Allowances

• Under California law, in addition to providing unpaid meal breaks, employers must allow their employees to go off-site to exercise their meal periods. If an employer requires his employees to stay on-site, he must pay them for their meal breaks. However, a limited exception exists when the nature of an employee's job precludes him from going off-site. For instance, coffee kiosk employees may be exempt from the off-site meal requirements. Employers who require their employees to stay on-site must provide them with minimum facilities and eating areas, unless the nature of their business requires employees to eat while they work. Minimum shelter requirements include potable water, paper towels and soap. Additionally, employers who require their employees to work at night have additional shelter requirements, including hot food vendors to supply their employees with food. If there are not hot food vendors available, the employer must provide heating equipment for employees to heat their food and beverages.
  
  

Considerations

• Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.