Q: ls it legal for employer to make employee take 30im break after working 4hrs

A: California Wage Law regarding fast food workers is located on the Labor Commissioner website, in the Wage Orders. Employees working with food fall under Order 5 – PUBLIC HOUSEKEEPING INDUSTRY. This wage order provides that two types of "break" are required: a "rest period"- on the clock, of not less than 10 minutes for each 4 hours worked or "major portion" thereof. (if an employee starts at 8, the rest break should be at 10 and must be before 11) And a "meal period" of not less than 30 minutes if the employee works more than 5 hours- except, by mutual agreement, if the employee works only 6 hours, the meal period can be waived. There are more requirements but they don't apply to your facts.

Both meal & rest periods must be UNINTERRUPTED (with no work being requested) and NO WORK CAN BE PERFORMED during these breaks. (In other words 25 min plus 5 min does not make a 30 min meal; two 5 min rest periods are not permitted. It isn't a "break" to stop working while waiting for more customers, unless the employee is relieved of all duties- including the duty to stand there and wait- and free to leave) These are not rest room breaks which can be taken at any time and are not considered "rest periods". The employee, except in exceptional circumstances, must be free to leave the workplace so long as they can return before the meal or rest period is over. The employee must be free to attend to personal activity, like phone calls/personal texts, during the periods.

The question that you raise in your post is "What is the employee being required to do for the employer (if anything) during these breaks?" The second question is "Is the employee receiving the 10 minute rest period before being required to take the meal period?"

In addition, if denied a meal or rest period, an employee is entitled to receive one hour of regular pay for the missed meal period, and one hour of regular pay for any missed rest periods (max one hour per day premium pay on rest periods).

Wage and hour law is complicated, your son should consult with a legal professional about his situation. Compensation can be obtained without cost through the Labor Commissioner, or you can file in Small Claims.

PERHAPS THE MOST IMPORTANT THING IS EVIDENCE- HAVING A CONTEMPORANEOUS WRITTEN RECORD OF HOURS WORKED AND WHEN BREAKS WERE GIVEN IS VERY, VERY IMPORTANT.

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A: In California, employers are required to provide a 30-minute meal break for employees who work more than 5 hours in a day. If the total work period is 5 hours or less, the meal break can be waived by mutual consent of both the employer and the employee. Since your son is working only 4 hours, he shouldn't be required to take a meal break unless it is agreed upon voluntarily.

However, it seems the issue arises from the requirement to clock back in for only 15 minutes after the break, which may be an inefficient use of time. This practice might not violate labor laws directly, but it could be considered unfair or impractical.

It would be beneficial to discuss this schedule with the employer to find a more suitable arrangement. If this doesn't resolve the issue, contacting the California Department of Industrial Relations for further guidance could be helpful.