Meal & Rest Breaks for Still Photography
This page covers meal and rest break guidelines for still photography shoots. There are different guidelines for video shoots. Please review the following information carefully. Failure to follow these guidelines violates state wage and hour laws and will result in financial penalties. If you have any questions, please reach out to your OOTB Account Manager.
Still Photography: Meal Breaks
California law requires that all non-exempt, hourly employees take meal breaks as follows:
PLEASE NOTE:
An employee’s first meal break must begin BEFORE the employee has completed 5 full hours of work.
An employee’s second meal break must begin BEFORE the employee has completed 10 full hours of work. This break may be taken between the 6th and 10th hours of work.
Meal Waivers: An employee can choose to waive certain meal breaks if they have elected to do so in writing on their meal waiver form. All employees are asked to complete a meal waiver form during initial onboarding and can update their choices at any time prior to the hours being worked. We are happy to provide you with a list of meal waiver elections for all your employees prior to the first day of the shoot to help you manage on-set schedules.
Employees can waive their first meal break only if their total time worked is less than 6 hours.
Employees can waive their second meal break only if their total time worked is less than 12 hours.
MINORS under the age of 16 cannot choose to waive meal breaks, so you must ensure that the Studio Teacher and/or production management is enforcing meal and rest breaks.
A meal penalty is equivalent to 1 hour of work and is paid to the employee when meal breaks are not taken in accordance with the law, as described below. These penalties are paid as wages to the employee and charged to the client.
During a meal break, an employee must be completely released from their duties and free to leave the set during that 30-minute time period if they choose to do so. If an employee is provided with a meal break at the beginning of their shift, these rules must still be followed.
The specific timing of when an employee’s meal breaks must begin depends on their call time. The cheat sheet below gives some examples of when meal breaks must begin for different call times.
Still Photography: Rest Breaks
California law requires that all non-exempt, hourly employees take rest breaks as follows:
PLEASE NOTE
If an employee is entitled to two rest breaks, one should be taken before the meal break and one should be taken after the meal break.
Rest breaks should not be combined with each other or with the employee’s meal break.
Rest breaks must be provided for every 4 hours worked (or major fraction thereof) and cannot be combined with meal breaks. Employees cannot waive rest breaks, even if they prefer to do so.
If rest breaks are not permitted, the employee may be eligible for a break penalty that is equivalent to 1 hour of work for each rest break not given. These penalties are paid as wages to the employee and charged to the client.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. OOTB Solutions makes no guarantees regarding the accuracy or completeness of this information, and it should not be relied upon as a substitute for professional legal guidance. Employment laws and regulations may vary by jurisdiction and are subject to change. If you have specific questions about meal and rest break compliance or other labor law matters, we encourage you to consult with a qualified attorney or reach out to your OOTB Account Manager for further assistance.
