What is an employer supposed to provide in the break room?

The California Wage Order categories — such as transportation, agricultural, mercantile, construction, mining, entertainment, office — cover basically every occupation in California. These orders address various classifications of employees, wages and hours, per diem, working and rest provisions, temperature, as well as a multitude of other conditions with which the employer is to comply.

What is not mentioned specifically is a break room.

What the Wage Orders do mention is “seats.” What the employer should do is provide all employees with suitable seats when the nature of the work reasonably permits their use. In addition, the orders state that suitable resting facilities will be provided in an area separate from toilet rooms and be available to employees during working hours.

If the employees are required to eat on the premises, the employer shall designate a suitable place to eat. If it is an office environment and work is done at a desk or similar location, that meets the criteria.

Employers are not required to provide amenities such as food, refrigerators or microwaves — only an appropriate place to rest.

Read about Tools, Uniforms and Equipment Explained in the HR Library.