# Need help explaining California employment laws

**URL:** <https://boards.straightdope.com/t/need-help-explaining-california-employment-laws/582362>\
**Category:** Factual Questions\
**Created:** [May 18, 2011, 7:16pm UTC](https://boards.straightdope.com/t/need-help-explaining-california-employment-laws/582362 "2011-05-18T19:16:59Z")\
**Posts on this page:** 5\
**Page:** 2

<div class="post-metadata">

**Author:** ![Washoe](https://avatars.discourse-cdn.com/v4/letter/w/ecae2f/32.png) [@Washoe](https://boards.straightdope.com/u/Washoe)\
**Post date:** [May 20, 2011, 10:01pm UTC](https://boards.straightdope.com/t/need-help-explaining-california-employment-laws/582362/21 "2011-05-20T22:01:14Z")

</div>

> [@Jane\_D\_oh](#):
>
> In California? The law doesn’t care what you prefer. The law is 30 minutes after 5 hours of work. If you don’t get the break you are entitled to 1 hour of additional pay.

Are you absolutely sure that it’s five hours? I’ve always been led to believe that the cutoff is six for adults. If it’s five, then my previous employer owes me a buttload of money—probably 100 hours or even more. I’m going through the printouts right now—I have clear-cut hardcopy documentation of every single shift.

---

<div class="post-metadata">

**Author:** ![Jane\_D\_oh](https://avatars.discourse-cdn.com/v4/letter/j/839c29/32.png) [@Jane\_D\_oh](https://boards.straightdope.com/u/Jane_D_oh)\
**Post date:** [May 20, 2011, 10:40pm UTC](https://boards.straightdope.com/t/need-help-explaining-california-employment-laws/582362/22 "2011-05-20T22:40:21Z")

</div>

5 [hours unless you are working](http://www.california-labor-laws-attorneys.com/california-meals-breaks-laws.php) 6 hour shifts.

And if you are working 6 hour shifts you need to sign a waiver for every shift where you miss a meal.

And the way the law is worded is after 5 hours but before the 6th hour. I’m going to find a cite for that right now.

---

<div class="post-metadata">

**Author:** ![Jane\_D\_oh](https://avatars.discourse-cdn.com/v4/letter/j/839c29/32.png) [@Jane\_D\_oh](https://boards.straightdope.com/u/Jane_D_oh)\
**Post date:** [May 20, 2011, 10:54pm UTC](https://boards.straightdope.com/t/need-help-explaining-california-employment-laws/582362/23 "2011-05-20T22:54:32Z")

</div>

[Thirty minute break after 5 hours](http://www.dir.ca.gov/dlse/faq_mealperiods.htm). 3 year statute of limitations.

---

<div class="post-metadata">

**Author:** ![Washoe](https://avatars.discourse-cdn.com/v4/letter/w/ecae2f/32.png) [@Washoe](https://boards.straightdope.com/u/Washoe)\
**Post date:** [May 21, 2011, 1:41am UTC](https://boards.straightdope.com/t/need-help-explaining-california-employment-laws/582362/24 "2011-05-21T01:41:52Z")

</div>

I love you! You are on my Christmas card list forever! As a matter of fact, I am going to name my firstborn D’oh! in your honor.

---

<div class="post-metadata">

**Author:** ![Washoe](https://avatars.discourse-cdn.com/v4/letter/w/ecae2f/32.png) [@Washoe](https://boards.straightdope.com/u/Washoe)\
**Post date:** [May 25, 2011, 2:01am UTC](https://boards.straightdope.com/t/need-help-explaining-california-employment-laws/582362/25 "2011-05-25T02:01:15Z")

</div>

Well, I talked to a lawyer today. He hasn’t decided whether or not he’s going to take my case, but he certainly made it sound as if it were a slam dunk if I do pursue it. He’s talking about getting me a judgment in the $4000 range. So you can relay that to your receptionist who refuses to eat—tell her that **Washoe** is going to make his former employer take it in the pants.

[Previous page](https://boards.straightdope.com/t/need-help-explaining-california-employment-laws/582362.md?page=1)
