California Meal and Rest Break Rules
California's break rules are stricter than federal law and come with a built-in penalty: an extra hour of pay when a break is missed. Here is what you're owed and when.
In California, non-exempt employees get a 30-minute unpaid meal break that must start before the end of the fifth hour of work on any shift over 5 hours, and a paid 10-minute rest break for every 4 hours worked. A second meal break is due after 10 hours. If the employer doesn't provide a required break, it owes one extra hour of pay at your regular rate for that day, up to 2 hours a day.
Meal breaks
Labor Code 512 and the state's wage orders set the rules for meal periods:
- First meal break: required when you work more than 5 hours. It must be at least 30 minutes and start no later than the end of your fifth hour of work, so a break at 5 hours 1 minute is late.
- Second meal break: required when you work more than 10 hours, starting no later than the end of the tenth hour.
- Off duty: you must be relieved of all duties and free to leave the premises. An employer can't require you to stay at your station or answer calls. If you are kept on duty, the time is paid work time and the break doesn't count.
- Unpaid: a true off-duty meal break doesn't have to be paid.
An on-duty meal period is allowed only when the nature of the job prevents relief, such as a lone overnight clerk, and only with a written agreement that you can revoke at any time. On-duty meal periods are paid.
Waiving a meal break
You and your employer can agree to skip a meal break only in two situations:
- The first meal break, if your total workday is no more than 6 hours.
- The second meal break, if your total workday is no more than 12 hours and you didn't waive the first.
Some industries have their own exceptions. Health care workers, for example, can waive one of the two meal breaks on shifts over 8 hours, and some union contracts set different rules.
Rest breaks
Rest breaks are paid, last at least 10 minutes and are based on total hours worked in the day, counted in 4-hour blocks or major fractions (more than 2 hours):
| Hours worked in the day | Rest breaks owed |
|---|---|
| Under 3.5 | 0 |
| 3.5 to 6 | 1 |
| More than 6, up to 10 | 2 |
| More than 10, up to 14 | 3 |
Rest breaks should fall near the middle of each work period when practical, and they can't be combined with a meal break or used to leave early. During a rest break you must be relieved of all duties, including carrying a radio or staying on call (Augustus v. ABM Security, 2016). Rest breaks can't be waived in exchange for pay.
Premium pay for missed breaks
When an employer doesn't provide a required break, Labor Code 226.7 requires one additional hour of pay:
- One hour for any workday with a missed, late or short meal break.
- One hour for any workday with a missed rest break.
- At most 2 premium hours a day, one of each kind, no matter how many breaks were missed.
The premium is paid at your regular rate of compensation, which includes nondiscretionary bonuses and commissions, not just your base hourly rate (Ferra v. Loews, 2021). Premiums are wages: they belong on your pay stub, and unpaid premiums can add waiting-time penalties when you leave a job (Naranjo v. Spectrum Security, 2022).
For example, a worker whose regular rate is $25 an hour who misses both a meal and a rest break on 3 days in a week is owed 6 premium hours, or $150 for that week.
What employers must do
An employer's duty is to provide breaks: relieve you of duty, give you control of your time and not discourage you from taking them. It doesn't have to force you to take them (Brinker, 2012). But pressure, scheduling that makes breaks impossible or a culture of skipping them all count as failing to provide. Time records matter too: if records show a late or short meal break, courts presume a violation unless the employer shows you chose it (Donohue v. AMN Services, 2021). Employers can't round meal period punches.
Who is covered
These rules apply to non-exempt employees in the private sector. Exempt employees, such as salaried managers who meet the salary and duties tests, aren't covered, and many public employers follow different rules. Workers classified as independent contractors may be employees under the ABC test.
If you're not getting your breaks
Keep your own record of when breaks start and end. You can file a wage claim with the Labor Commissioner's Office, generally within three years for break premiums. Retaliating against someone for complaining about breaks is illegal.
Run your numbers
Our Meal and Rest Break Penalty Calculator adds up the premium pay owed for missed breaks at your regular rate. For overtime on long shifts, use the daily overtime calculator.
Frequently Asked Questions
When do I get a meal break in California?
If you work more than 5 hours, you must get an unpaid, duty-free 30-minute meal break that starts no later than the end of your fifth hour of work. A second 30-minute break is required if you work more than 10 hours, starting before the end of the tenth hour.
How many rest breaks do I get in California?
A paid 10-minute rest break for every 4 hours worked or major fraction of 4 hours. That's one break for a shift of 3.5 to 6 hours, two for more than 6 up to 10 hours, and three for more than 10 up to 14 hours.
Can I skip my meal break in California?
Only by mutual agreement in limited cases. The first meal break can be waived if the workday is no more than 6 hours. The second can be waived if the workday is no more than 12 hours and the first wasn't waived.
What happens if my employer doesn't give me a break?
The employer owes one extra hour of pay at your regular rate for each workday a meal break isn't provided, and another hour for each workday a rest break isn't provided, up to 2 hours a day.
Can my employer make me stay on call during a rest break?
No. The California Supreme Court held in 2016 that rest breaks must be free of all duties, including being on call. You must be relieved of work for the full break.
This article is for general information only and is not legal advice. For your specific situation, contact the Labor Commissioner's Office or an employment attorney.