The Department of Labor confirms that under California State Law, adult employees in the private sector are entitled to the following rest periods: IWC Orders 1 -15, Section 11, Order 16, Section 10. The agreement must include a clause which allows the employee to revoke the lunch break agreement at any time, if desired. For example, a security guard or a gas station employee that works alone and cannot leave their post.Īny and all of these circumstances require a written agreement between the employer and employee for an “on-the-job” paid meal period. On-duty meal periods are only permitted when the nature of the work prevents an employee from being relieved of their responsibilities. This is counted as hours worked and an employee must be paid for this time at their regular rate of pay. If an employee is not relieved of their work during the entirety of the meal period then this is classed as an on-duty meal period.
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