If an employer never provides meal or rest breaks, California labor law empowers employees to After he's worked another five hours, he gets a lunch break. You and the employee mutually consent. The first meal break of the workday was not waived. On-Duty Meal Breaks. Employees can take on-duty meal periods. If the employer fails to provide multiple rest breaks or meal periods, the Employees on a meal break must be allowed to leave the premises. Is this illegal? However, under California labor laws, they must still receive their meal breaks and rest breaks. I work at retail store. Also another employee had told me, she was yelled at by the manager for going into the break room to drink water quickly without asking. If either rest break is not given or is interrupted, you owe the employee one hour of pay at the regular rate of pay, which you must include in the next paycheck.
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