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| We are thinking of implementing a 10 hour day, but I am wondering about lunch period. Our employees like to take only 1/2 hour for lunch, so if we change them to a 10 hour day do they have to take 1 hour for lunch?
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If an employee works MORE than 10 hours you will need to provide a second meal break (at least 30 minutes)
Having employee only take only 30 min lunch is ok... as long as they don't work over 10 hours
Also employee working 6-10 hours get two 10 min breaks
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Keep in mind that if the employee is working more than 10 hours but less than 12, there is a provision in the Labor Code that allows the employee to waive the second meal period, provided the employee has taken the first meal period:
California Labor Code
512. (a) An employer may not employ an employee for a work period
of more than five hours per day without providing the employee with a
meal period of not less than 30 minutes, except that if the total
work period per day of the employee is no more than six hours, the
meal period may be waived by mutual consent of both the employer and
employee. An employer may 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.
Susan Kemp, Esquire
Forum Moderator
California Chamber of Commerce/CalBizCentral
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