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California exempt laws

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  • California exempt laws

    By law, does exempt employees have the right to take their breaks? (for california)

  • #2
    This is maybe complicated. I am including two webpointer belows to guidance issued by CA-DLSE, the state agency in charge of such things. CA considers lunch breaks and rest room breaks to be legally two separate issues.

    - The 10 minute rest room break is discussed in the first webpointer. Per this informational page, CA IWC Wage Orders (regulations) guarentee rest room breaks to Non-Exempt employees only.

    - The lunch break rules are discussed in the second webpointer. Per this information page (and I believe the law) this is directed at "employees", not "Non-Exempt employees" like the other rule set. However, all of the remedies do not make any sense in context of Exempt employees. I have heard it suggested in other posts that while Exempt employees are indeed entitled under law to lunch breaks that there is no functional penalty to the employer who does not allow them.

    That is as good an answer as I have available. Perhaps someone else has a better one, or perhaps you can contact CA-DLSE.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


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