Exceptions apply to motion picture or broadcasting industries pursuant to Labor Code sections and On-duty meal period counted as time worked and permitted when nature of work prevents relief from all duties. Applicable to retail and service, food and beverage, commercial support service, and health and medical industries. Also exempt are: students employed by sororities, fraternities, college clubs, or dormitories, and students employed in a work experience study program and employees working in laundries of charitable institutions which pay no wages to workers and inmates, or patient workers who work in institutional laundries.
Labor Commissioner is directed to exempt by regulation any employer on a finding that compliance would be adverse to public safety, or that duties of a position can be performed only by one employee, or in continuous operations under specified conditions, or that employer employs less than 5 employees on a shift at a single place of business provided the exemption applies only to employees on such shift.
Exemptions may also be granted where compliance would adversely affect public safety; only one employee may perform the duties of a position, an employer has fewer than five employees on a shift at a single place of business; or where the continuous nature of an employer's operations requires employees to respond to urgent or unusual conditions at all times and the employees are compensated for their meal break periods. Each hotel room attendant -- those persons who clean or put guest rooms in order in a hotel or other establishment licensed for transient occupancy -- shall receive one minute meal period in each workday in which they work at least seven hours.
Hotel room attendant rules apply only to an establishment located in a county with a population greater than three million. Hotel room attendants may not be required to work during a break period. Break area must be provided with adequate seating and tables in a clean and comfortable environment.
Clean drinking water must be provided without charge. Employer must keep complete and accurate records of the break periods. Not counted as time worked. Coffee breaks and snack time not to be included in meal period. Excludes employers subject to Federal Railway Labor Act. Meal period requirement does not negate collective bargaining agreement or mutual agreement between employer and employee. Not applicable to places of employment where there are fewer than 3 employees on duty at any one time and the nature of the work allows those employees frequent paid breaks during the workday.
Not applicable if collective bargaining or other written employer-employee agreement provides otherwise. If an employee works 8 or more consecutive hours, the employer must provide a minute break and an additional 15 minute break for every additional 4 consecutive hours worked.
To clarify, a retail establishment is an employer whose primary purpose is to sell goods to a consumer with the consumer present in the retail establishment at the time of sale, and does not include restaurant or wholesalers.
This law applies only to employers who are engaged in a retail business or who own retail establishment franchises with the same trade name with 50 or more retail employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. Employees who work in certain retail establishments are entitled to a non-working shift break depending upon the number of hours worked.
Excludes iron works, glass works, paper mills, letter press establishments, print works, and bleaching or dyeing works. The Attorney General may grant exemption to a factory or workshop or mechanical establishment, if in discretion of the Attorney General, it is necessary by reason of continuous process or special circumstance, including collective bargaining agreement.
Sufficient unpaid time for employees who work 8 consecutive hours or more. Rest periods of less than 20 minutes may not be deducted from total hours worked.
See Exceptions for special industries for more information. Employers must notify their employees of the time that work starts and ends. The employer can do this by posting notices where they can be seen by employees, or by other reasonable methods.
If an employer and an employee agree, the break may be taken in 2 periods of at least 15 minutes. Every employer must allow each employee at least 4 consecutive days of rest after each period of 24 consecutive work days.
Any travel time that occurs after the employee starts to provide services is recorded as work hours. If a collective agreement is in place, provisions in the agreement may determine how travel time is managed. If not covered by a collective agreement, travel time is considered work when an employee, whether driver or passenger:.
Travel time hours may be paid out at a different rate of pay, as long as the employee is informed ahead of time and the rate is at least minimum wage. If the employer chooses to pay the employee for this travel time, the payment would not generally be considered wages. Call us at or fill out the form below to tell us about your situation. If we can help you, we will.
How many hours can an employee work without a break in California? Shift Length Break Length 3. Contact Us.
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