EmploymentQuestion 646 of 690
IWC Wage Order 16, which covers on-site construction, drilling, logging, and mining, generally requires that non-exempt workers receive an unpaid meal period of at least:
a.20 minutes after 4 hours of work
b.30 minutes for work periods of more than 5 hours, with a second 30-minute meal period for shifts over 10 hours (which may be waived by mutual consent if the first was not waived and the total shift is no more than 12 hours)
c.1 hour after 6 hours of work, paid
d.15 minutes for every 2 hours worked
Explanation
IWC Wage Order 16-2001 §11 and Labor Code §512 require a 30-minute, off-duty meal period when an employee works more than 5 hours, and a second 30-minute meal period when working more than 10 hours. The first meal period can be waived by mutual consent if total hours do not exceed 6; the second can be waived by mutual consent only if the first was not waived and total hours do not exceed 12. The 20-minute and 15-minute options are not California law; the 1-hour paid meal break is more consistent with some union CBAs but not the WO 16 minimum.
Law Reference: Industrial Welfare Commission Wage Order 16Practice all 690 questions free — no signup required.
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