What is the correct procedure for providing legally compliant meal and rest breaks to my employees in California?

You must provide non-exempt employees with timely, uninterrupted, duty-free meal periods and paid rest breaks. Here is the correct procedure to follow to remain compliant with California law. Step 1: Provide Meal Breaks For any work shift over five hours, you must provide a 30-minute, unpaid meal break that starts before the end of the fifth hour of work. For shifts over 10 hours, you must provide a second 30-minute meal break. Employees must be relieved of all duties and be free to leave the worksite. Step 2: Provide Paid Rest Breaks You must provide a paid 10-minute rest break for every four hours worked, or major fraction thereof. The general schedule is one rest break for shifts between 3.5 and 6 hours, and two rest breaks for shifts between 6 and 10 hours. You should provide these breaks as close to the middle of each four-hour work period as is practical. Step 3: Create and Post a Break Policy Develop a clear, written meal and rest break policy that complies with California law. Include this policy in your employee handbook and post the relevant IWC Wage Order poster in a conspicuous location where employees can easily read it. Step 4: Accurately Record Meal Breaks Use a timekeeping system that requires employees to clock in and out for their meal breaks. These records must accurately show that a full, 30-minute compliant break was provided. You are not required to record 10-minute rest breaks. Step 5: Pay Premiums for Missed Breaks If an employee is not provided a compliant meal or rest break, you must pay them a premium of one additional hour of pay at their regular rate. This is one hour for a missed meal break and a separate hour for any missed rest breaks per workday. Important considerations: Rest breaks are counted as paid time. Meal breaks are generally unpaid. Employees can waive their meal break only if the total workday is no more than six hours. A second meal break can be waived if the total workday is no more than 12 hours and the first meal break was taken. All waivers should be documented in writing. Note: Do not pressure employees to skip breaks or perform any work during their break time. Systemic failure to provide compliant breaks is a primary cause of wage and hour lawsuits in California. This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.