Missing meal breaks or rest breaks at work? The guide below provides an overview of California meal and rest break laws. We’ve also included legal remedies for employees who have been unlawfully denied breaks.
If you have additional questions about meal and rest break laws in California, please contact the employment attorneys at Ottinger Employment Lawyers today, or call 415-508-7786.
Guide to California Meal and Rest Breaks hideIn compliance with California labor laws, nonexempt employees are entitled to an unpaid meal or lunch break lasting a minimum of 30 minutes for shifts exceeding five hours. This break, which should commence before the completion of the fifth hour of work, can be waived only if the workday does not surpass six hours.
To provide a lawful meal break, an employer must:
Employers cannot:
Employers must put up meal breaks, but do not have to ensure employees take those breaks.
Do you feel like you've been cheated out of your rightful meal or rest breaks? With all your hard work, you at least deserve those breaks, uninterrupted. Call us today to review your potential meal and rest break dispute. Contact Us Now
A nonexempt employee working more than five hours in one shift is entitled to one meal period lasting at least 30 minutes.
The employer must provide the meal break no later than the end of the fifth work hour. For example, if an employee’s shift begins at 8 a.m. their meal break would look like the following:
| Time Worked | Hour |
| 8:00 a.m. to 9:00 a.m. | 1st hour |
| 9:00 a.m. to 10:00 a.m. | 2nd hour |
| 10:00 a.m. to 11:00 a.m. | 3rd hour |
| 11:00 a.m. to 12:00 p.m | 4th hour |
| 12:00 p.m. to 1:00 p.m. | 5th hour – break must begin before the end of the 5th hour (i.e., 12:59 p.m.) |
An employee working more than ten hours in one shift is entitled to a second 30-minute meal break. The employer must provide a second break no later than the end of the tenth work hour.
The number of breaks an employee is entitled to receive depends on the hours worked, not the hours the employee was scheduled.
For example, if an employee is scheduled for a ten-hour shift, but only works a three-hour shift, the employer does not have to provide a meal break.
An employee working six hours or less in one shift may waive their right to a meal break. Waivers for meal breaks do not need to be in writing, but both parties must consent to the waiver.
If the employee’s shift is greater than ten hours, but will not exceed 12 hours, they can waive their right to a second meal break as long as they take the first meal break.
An employee cannot waive both breaks in one workday. Employees working through a meal break are not entitled to leave work early.
| Hours of Work | Number of Meal Breaks | Waiver |
| 0 – 5 hours | 0 | Employees working 5 hours or less do not receive a meal break. |
| 5:01 – 10:00 hours | 1 | Employees working 6 hours or less may waive their meal break by mutual consent of both employer and employee. |
| 10:01 – 12:00 hours | 2 | Employees working more than 10 hours, but less than 12 hours, in one shift can waive their second meal break provided they did not waive their first meal break. Employees cannot waive both meal breaks. |
Circumstances of some jobs may prevent employees from taking a meal break.
For example, a sole employee in an all-night convenience store or a security guard stationed alone cannot leave their job in such a way that would qualify as a “meal break” because they cannot be relieved of their duties as discussed above.
In addition, employers can also require that employees remain on-site during their meal breaks. In these cases, an employer may provide an on-duty meal break.
On-duty meal breaks are paid breaks and must be agreed to in writing by the employer and employee. The employee must be able to revoke the agreement at any time. Employees cannot collect premium payments for missed on-duty meal breaks.
If you take your lunch after 5 hours in California, your employer must pay you for one extra hour at your regular hourly rate for each workday. This is because California law requires a meal break within the first 5 hours of work.
In some situations, including on-duty meal breaks, employees may be required to take their meal breaks on-site.
In these instances, the employer must provide a suitable place to eat. And the employee must be paid, even if they are relieved of their duties.
If a meal period occurs during a shift beginning or ending at or between 10 p.m. and 6 a.m., the employer must:
California requires employers to provide employees with ten-minute rest breaks for every four hours (or major fraction) worked. Anything over two hours is a “major fraction” of a four-hour period.
Employers in California must provide a net 10-minute paid rest period for every four hours worked.
For example, an employee who works a seven-hour shift is entitled to two 10-minute rest breaks. One break for the first four hours, and a second break for the last three hours.
Three hours is a “major fraction” of four hours, meaning more than half of four hours.
Nonexempt employees who work less than three-and-a-half hours are not entitled to rest breaks.
Contact Us Schedule your consultation today. Schedule your consultation today.Rest breaks must be ten consecutive, uninterrupted minutes. During the break, an employee must be relieved of all duties, and the employer must provide “suitable resting facilities” in an area separate from the bathroom. Unlike meal breaks, rest breaks are paid breaks.
As to timing, an employee should take a rest period in the middle of the workday “insofar as practicable.”
Employers cannot require employees to remain on-site or on-call during rest breaks.
| Hours Worked | Number of 10-Minute Rest Breaks |
| 0 to 3:29 hours | 0 |
| 3:30 to 6 hours | 1 |
| 6:01 to 10 hours | 2 |
| 10.01 to 14 hours | 3 |
| 14:01 – 18 hours | 4 |
Employees may skip rest breaks. Employers cannot pressure or encourage employees to waive rest breaks.
Exempt employees are entitled to meal breaks, but not rest breaks. Generally, there are three requirements for an employee to be classified as exempt:
California also has exemptions for various industries concerning meal and rest break requirements.
These industries include healthcare, construction, commercial drivers, union employees, public agencies, the motion picture industry, publically-owned electric utilities, and security officers.
This list is not exhaustive, and the exemptions are complicated. If you have questions about your employment status and meal and rest break rights, it is best to consult with an experienced employment attorney.
While some companies fail to provide meal breaks and rest breaks out of ignorance, for others, it may be a calculated decision to save money.
If an employer unlawfully denies a meal or rest break, the employee is entitled to one extra hour of pay at their regular hourly rate for each workday the violation occurs. This additional pay is referred to as “premium pay.”
If an employer fails to pay the premium, an employee may:
An employee has three years from the date of the violation to bring a claim. Employers may not retaliate or discriminate against employees for asking about a missed break, objecting to an illegal practice, or for filing a claim with the Labor Commission.
Each dispute is unique, and not all employers may be willing to handle the dispute informally, so it is best to consult an employment attorney to assess your options.
California meal and rest break laws can be confusing. So, employees must take steps to ensure they fully understand their rights.
Non-exempt employees are entitled to one 30-minute meal break for a shift longer than five hours. And a second 30-minute meal break for a shift longer than ten hours. Non-exempt employees are entitled to a ten-minute rest break for every four-hour shift they work.
If you think your employer has unlawfully denied you a break, you may be entitled to compensation.
Since California’s meal and rest break laws are incredibly nuanced, you should consider contacting an employment lawyer to assess your case.
The experienced employment attorneys at Ottinger Employment Lawyers can assist you in reviewing your employment status and potential meal or rest break dispute. For additional information, contact us at 415-508-7786.
Here are a few resources for more information on meal breaks and rest breaks:
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