No, and this question has recently come up a lot in the comments. Once it starts there should be a matching punch out timestamp somewhere. Any advice? 8, §§ 11010–11150, subd. Lawsuit →, https://www.dir.ca.gov/dlse/faq_restperiods.htm, https://www.dir.ca.gov/dlse/split_shift.htm, https://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm#:~:text=Is%20it%20permissible%20if%20I%20choose%20to%20work%20through%20my%20meal%20period%20so%20that%20I%20can%20leave%20my%20job%2030%20minutes%20early, https://www.dir.ca.gov/dlse/FAQ_Overtime.htm#:~:text=law%20requires%20that%20employers%20pay%20overtime,%20whether%20authorized%20or%20not, https://www.dir.ca.gov/dlse/faq_restperiods.htm#:~:text=in%20the%20middle%20of%20each%20work%20period, https://calaborlaw.com/california-meal-break-law-for-employees/comment-page-22/#comment-12082, https://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm#:~:text=ten%20consecutive%20minutes%20for%20each%20four%20hour%20work%20period, https://www.dir.ca.gov/dlse/FAQ_ReportingTimePay.htm, https://www.dir.ca.gov/dlse/FAQ_Overtime.htm#:~:text=Can%20an%20employer%20require%20an%20employee%20to%20work%20overtime, https://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm#:~:text=If%20the%20employer%20requires%20the%20employee%20to%20remain%20at%20the%20work%20site%20or%20facility%20during%20the%20meal%20period,%20the%20meal%20period%20must%20be%20paid, https://www.dir.ca.gov/dlse/faq_restperiods.htm#:~:text=My%20employer%20is%20not%20allowing%20me%20to%20take%20a%20rest%20period.%20Is%20there%20anything%20I%20can%20do%20about%20this%20situation, https://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm#:~:text=an%20employer%20that%20knows%20or%20has%20reason%20to%20know%20an%20employee%20is%20performing%20work%20during%20the%20meal%20period%20owes%20compensation%20to%20the%20employee%20for%20the%20time%20worked, https://www.dir.ca.gov/dlse/split_shift.htm#:~:text=longer%20than%20a%20bona%20fide%20meal%20period, https://www.dir.ca.gov/dlse/split_shift.htm#:~:text=What%20is%20a%20split%20shift, https://www.dir.ca.gov/dlse/FAQ_Overtime.htm#:~:text=for%20the%20first%20eight%20hours%20worked%20on%20the%20seventh%20consecutive%20day%20of%20work%20in%20a%20workweek, California Meal Break & Rest Break Law (2020) – Quick Calculator + Charts, Final Paychecks – When Are They Due? The correct answer is “it depends”. The content of any communication you send to us via the Internet or through e-mail may not be considered confidential. Yes, in general an employer may dictate the employee’s work schedule and hours. A company I work for is not based in CA but is subject to CA laws since I work here… but I don’t know if it’s tied to where I live. confusion on working time vs. scheduled time. An employer is required to authorize and permit the amount of rest period time to which an employee is entitled.23 If it does not, it has violated the law and is liable for a penalty (which is described in a section below). If I was only working a 6 hour shift then my shift would end after the 6 hours and I’d take no lunch. 12(A) [“The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof.”].↥, Cal. Posted on July 25, 2017. 12–6:15 must be one rest break and one meal break (paid 5.75 hours of work). An employer shall not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and the employee only if the first meal period was not waived. That doesn’t stop them from disciplining you from not following the schedule. Author: Michael Cardman, XpertHR Legal Editor Many states require employers to provide employees with a day of rest on Sundays, on their Sabbath, or when they have worked a certain number of hours or days in a row. I wonder if any 30 minute unpaid break resets the 5 hour clock. Would I be able to file a lawsuit? Perhaps most importantly, the Supreme Court concluded that “a day of rest is guaranteed for each work week,” not for each rolling, 7-day period – a conclusion that would allow an employer to schedule an employee to work for as many as 12 consecutive days without violating the law (so long as the employee is not required to work 7 in one workweek). Should I peruse with a lawsuit? I’d reach out on the contact page of this website. They do not constitute legal advice and should not be used or relied on as such. AFAIK, any actual signed waiver would be for the employer’s protection against the employee saying they did not agree to waive their meal. There has to be a a rest break before a meal break. Also, other kinds of exempt employees are still entitled to meal break and rest break rights. I get it from a a maximum POV—like all the info says: if you work over 5 hours you need access to a meal break. See also Reporting Time Pay https://www.dir.ca.gov/dlse/FAQ_ReportingTimePay.htm. An employee is scheduled for eight hours, but they end up only working a four-hour shift. It’s also summarized on this page above the comments, with a calculator to help you know where the breaks should fall (although, it assumes you’re clocked in for the whole time, so watch out for that). Supervisor Signature: __________________________________________________________________, ☐ Copy Employee File ☐ Copy to Payroll ☐ Copy. The consequences of failing to provide a lactation break are severe. 8, §§ 11010–11150, subd. The employer has no legal obligation to provide that employee with a meal break. This case delves into what that means. 12(B) [“If an employer fails to provide an employee a rest period in accordance with the applicable provisions of this order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each workday that the rest period is not provided.”].↥, Labor Code, § 226.7, subd. 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