Is it legal to deny a 30 minute break for a shift 5 hours or more

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Is it legal to deny a 30 minute break for a shift 5 hours or more

Is it legal to deny a 30 minute
break for a shift 5 hours or more.
I have proof for the last 10
months.

Asked on February 8, 2017 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In CA, employers are required to provide a 30-minute meal break once a an employee has worked 5 hours. An employer does not have to pay for this time which means that meal breaks are unpaid. If the employee’s workday will be completed with in 6 hours or less, then they may consent to waive the meal break. If your employer has failed to provide you your required meal period, you are to be paid 1 hour of pay at your regular rate of compensation for each workday that the meal period is not provided. If your employer fails to pay this additional pay, you may file a wage claim with the Division of Labor Standards Enforcement.


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