What are the step-by-step requirements for an employer to provide meal and rest breaks in California?

California law requires employers to provide specific, duty-free meal and rest breaks for non-exempt employees and to pay penalties for any missed breaks. Here are the steps to ensure compliance. Step 1: Provide Meal Breaks For any work period longer than five hours, you must provide a 30-minute, unpaid, and duty-free meal break. This break must begin before the end of the employee's fifth hour of work. If an employee works more than 10 hours in a day, you must provide a second 30-minute meal break. Step 2: Provide Paid Rest Breaks You must provide a 10-minute, paid rest break for every four hours worked, or a major fraction thereof. A "major fraction" is any work time over two hours. The break should be provided as close to the middle of the four-hour work period as is practicable. You cannot require employees to remain on-site during paid rest breaks. Step 3: Keep Accurate Time Records You must maintain precise time records showing the start and end times of each meal period for every non-exempt employee. California law presumes a meal break was not provided if your records do not show it, placing the burden of proof on you to prove otherwise. Step 4: Pay Premiums for Missed Breaks If you fail to provide a compliant meal or rest break, you must pay the employee one additional hour of pay at their regular rate. This is required for each workday that a violation occurred. For example, failing to provide both a meal and a rest break in the same day requires paying two hours of premium pay. Important details and nuances: Breaks must be "duty-free," meaning the employee is completely relieved of all work duties and you relinquish control over their activities. Meal breaks can be waived by mutual written consent only under specific conditions: if the workday is no more than six hours (for the first break) or no more than twelve hours (for the second break, provided the first was taken). Warnings and limitations: These rules apply to non-exempt employees; misclassifying an employee as exempt carries significant legal and financial risk. Penalties for non-compliance accumulate quickly and can lead to individual claims and lawsuits under the Private Attorneys General Act (PAGA). This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.