Dont have time to read the blog, here’s the breakdown: LA, San Francisco, Emeryville, and Long Beach go beyond state law, offering hotel & retail workers longer rest breaks or designated break areas. Check your city’s labor laws! If you don’t want to check or if you have and need help implementing changes- hire Chicha Collective to fix the issue.

For those who have more time here’s the breakdown…

Following the standard break rules for California might not apply in these cities. Certain cities have local ordinances that impose different or stricter rules regarding breaks (meal and rest periods) compared to the state’s general labor laws under the California Labor Code and Industrial Welfare Commission (IWC) Wage Orders. These local rules typically apply to specific industries or add requirements beyond the state’s mandates. Below is an overview of California cities with break rules that differ from or supplement state law, focusing on meal and rest breaks:

California State Break Laws (Baseline)

Meal Breaks: Non-exempt employees are entitled to a 30-minute unpaid meal break for shifts exceeding 5 hours (or 6 hours in the motion picture industry). A second 30-minute meal break is required for shifts over 10 hours. The break must be duty-free, and the first meal break must start before the end of the 5th hour of work.

Rest Breaks: Employees receive a paid 10-minute rest break for every 4 hours worked (or major fraction thereof, i.e., 3.5+ hours). Breaks should occur as close to the middle of the work period as practicable.

Rest Breaks: Employees receive a paid 10-minute rest break for every 4 hours worked (or major fraction thereof, i.e., 3.5+ hours). Breaks should occur as close to the middle of the work period as practicable.

Cities with Different or Additional Break Rules

San Francisco

Los Angeles: Hotel Workers (Los Angeles Municipal Code, Chapter XVIII, Article 5):

• Difference from State: The ordinance mandates two 15-minute rest breaks (instead of the state’s 10-minute breaks) for longer shifts and specifies a break area, which is not a statewide requirement.
• 4Source: Los Angeles Municipal Code, available via the City Clerk’s office or www.lacity.org.

San Francisco: Retail and Hospitality Workers (San Francisco Police Code, Article 33F and 33G):

• Difference from State: San Francisco’s enforcement is more rigorous, and the scheduling rules may effectively ensure breaks are taken by limiting overly long or irregular shifts. The city’s Paid Sick Leave Ordinance (effective 2007) also allows broader use of sick leave (which can include rest-related needs), potentially affecting break practices indirectly.
• Source: San Francisco Office of Labor Standards Enforcement (www.sfgov.org/olse).

Emeryville

• Difference from State: The requirement for two 15-minute rest breaks for longer shifts in hospitality is stricter than the state’s 10-minute rest break standard. The ordinance also mandates that breaks be scheduled predictably, which is not a statewide requirement.
• Source: Emeryville City website (www.ci.emeryville.ca.us).

Long Beach

• Difference from State: The two 15-minute rest breaks for longer shifts and the mandated break area go beyond the state’s 10-minute rest break requirement and lack of specific break area rules.
• Source: Long Beach City website (www.longbeach.gov).

Resources

• California Department of Industrial Relations: www.dir.ca.gov/dlse for state wage and hour laws.
• U.S. Department of Labor: www.dol.gov for federal break rules (FLSA).’
• City-specific labor ordinances: Check municipal codes via city government websites.