Under California law, non-exempt employees who work more than 6 hours are entitled to receive a 30 minute uninterrupted meal period within the first five (5) hours of their shift. Employees who work more than 10 hours in a day are entitled to a second meal period. In order to qualify as a meal period, employees must be relieved of all duties and permitted to leave the premises.
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Some employees who are exempt from California\u2019s overtime laws are still entitled to receive meal and rest periods. These employees include commissioned salespersons and outside salespersons.
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An employer cannot require employees to skip meal periods. In fact, an employer has an affirmative obligation to advise employees of their rights to receive a meal period.<\/p>\n\n\n\n
However, employees who work less than 6 hours can choose to waive their meal periods. An employee who works more than 10 hours and less than 12 hours per day can also choose to waive their second meal period provided the employee did not previously waive their first meal period.<\/p>\n\n\n\n
Employees who do not receive a meal period, who receive a late meal period, or whose meal period are interrupted are entitled to a meal period premium in the amount of 1 hour\u2019s worth of pay at their regular rate of pay subject to a limit of one meal period premium per day.
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An employee\u2019s regular rate includes an employee\u2019s hourly base pay, commissions, non-discretionary bonuses, piece rate earnings, and shift differentials. If an employee is paid a salary, there hourly base pay is calculated as 1\/40th of their weekly salary. There are other types of compensation that under certain circumstances employers are required to include when calculating the regular rate.
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Employees are entitled to receive an off-duty 10 minute paid rest period for every major fraction of four hours worked. In order to qualify as a rest period, employees must be relieved of all duties and permitted to leave the premises. The term every major fraction of four hours worked is a complex legal term that was recently interpreted by the California Supreme Court and is summarized below:
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