A Guide to California’s Labor Laws about Rest and Meal Breaks

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California requires employers to provide breaks during the workday. These breaks allow crucial rest and time for meals.

Regular rest periods benefit both employees and employers. But some employers deny required breaks. Reasons range from understaffing and trying to cut costs to simply ignoring the law.

Fortunately, California law strongly protects your right to breaks. Federal law doesn’t offer such specific meal and rest break mandates.

In this article, we’ll explain who is entitled to meal and rest breaks in California. We’ll also help you determine break time amounts based on your shift length. Finally, we’ll cover key rules defining what makes breaks legally compliant or non-compliant.

This article focuses only on standard meal and rest breaks. Other legally protected breaks also exist. Important examples include reasonable restroom access, lactation breaks for nursing mothers, and breaks needed as a disability accommodation.

These involve separate, often complex rules. We plan to cover these topics in future articles. In the meantime, contact us using the button above (on desktop) or below (on mobile) for a free, confidential consultation.

Table Of Contents
  1. Which Employees are Entitled To Meal and Rest Breaks in California?
  2. When do California Employees Get Rest and Meal Breaks?
  3. Your Right to Compensation for Denied Rest & Meal Breaks
  4. Answers to Commonly-Asked Questions About Meal and Rest Breaks in California

Which Employees are Entitled To Meal and Rest Breaks in California?

Not all California employees get legally mandated breaks. Your entitlement depends on your job classification. Are you exempt or non-exempt?

What’s the main difference? Generally:

Exempt employees usually earn a fixed salary. They are typically not covered by overtime laws. They also don’t have legally guaranteed meal or rest breaks.
Non-exempt employees are usually paid hourly. They are protected by overtime laws. They also have legal rights to meal and rest breaks.

The federal Fair Labor Standards Act (FLSA) and the California Labor Code define these job categories.

Workers in California are non-exempt by default, but specific jobs can qualify for exempt status. Key California exemptions include:

1) The executive exemption applies to employees in management roles who have the authority to hire or fire employees or make recommendations on these decisions. Examples include executives, managers with direct reports, and department heads.
2) The administrative exemption applies to employees who do office or non-manual work related to management or business operations. These employees must either (a) use independent judgment in important matters, (b) assist an executive, or (c) perform specialized tasks. Examples include HR, marketing, accounting, and operations managers, as well as financial analysts.
3) The professional exemption applies to employees doing work that requires advanced knowledge and involves discretion and independent judgment. Examples include doctors, lawyers, designers, scientists, and academics.
4) The computer professional exemption applies to certain computer professionals who perform advanced, specialized work related to systems analysis, programming, or software engineering. To qualify, the employee must meet specific job duty and minimum pay requirements.
5) The outside salesperson exemption applies to employees who spend more than 50% of their working time away from their employer’s place of business while engaged in making sales or obtaining contracts.

This is a basic overview. Federal and California exemption rules sometimes differ. Each exemption has detailed salary and job duty requirements that must be met.1

California’s Industrial Welfare Commission (IWC) Wage Orders also contain important industry-specific rules and exemptions. Our Guide to Understanding Overtime Laws in California explains exemptions more thoroughly.

While exempt employees aren’t entitled to meal and rest breaks, non-exempt employees have specific rights. Employers face penalties if they don’t comply with break requirements for non-exempt workers.

Unsure about your status? Here’s a quick rule of thumb: Are you paid by the hour? If yes, you are likely non-exempt. California’s meal and rest break laws probably apply to you.

When do California Employees Get Rest and Meal Breaks?

California law details break requirements for non-exempt workers. Key rules come from several official sources. These include the California Labor Code. They also include regulations found in the Industrial Welfare Commission (IWC) Wage Orders. The state Division of Labor Standards Enforcement (DLSE) enforces and interprets these rules.

A core principle is stated clearly in the Labor Code. Employers can’t require employees to work during mandated rest or meal breaks.2 The DLSE Enforcement Policies and Interpretations Manual specifies further details on these break requirements.3

Let’s examine rest breaks first. Then we’ll cover meal breaks.

California Rest Break Requirements

California requires paid 10-minute rest breaks for non-exempt employees. The general rule is one break for every 4 hours worked or for a “major fraction” of four hours (meaning more than 2 hours worked). To get a break, though, you need to work a minimum of 3.5 hours.

What does this mean for typical shifts? Let’s break it down:

Work less than 3.5 hours? No state-mandated rest break.
Work at least 3.5 hours up to 6 hours? You get one 10-minute paid break.
Work more than 6 hours up to 10 hours? You get two 10-minute paid breaks.
Work more than 10 hours up to 14 hours? You get three 10-minute paid breaks.

These are the minimum break requirements under California law. We’ll cover more specific requirements below.

For now, here are a couple of basic examples:

Example: Melissa works a 7-hour shift. She works more than 6 hours. Therefore, she is entitled to two paid 10-minute rest breaks.
Example: Ramon works a 9-hour shift. He also works more than 6 hours but less than 10 hours. So, he is entitled to two paid 10-minute rest breaks.

The table below clarifies the exact requirements for rest breaks in California:

How long is your shift? Number of rest breaks you’re entitled to
Less than 3.5 hours0 rest breaks
3.5 – 4 hoursRounded up: 1 rest break
4 hours exactly1 rest break
4 – 6 hoursRounded down: 1 rest break
6 – 8 hoursRounded up: 2 rest breaks
8 hours exactly2 rest breaks
8 – 10 hoursRounded down: 2 rest breaks
10 – 12 hoursRounded up: 3 rest breaks
12 hours exactly3 rest breaks
12 – 14 hoursRounded down: 3 rest breaks
14 – 16 hoursRounded up: 4 rest breaks
16 hours exactly4 rest breaks
16 – 18 hoursRounded down: 4 rest breaks
18 – 20 hoursRounded up: 5 rest breaks
20 hours exactly5 rest breaks
20 – 22 hoursRounded down: 5 rest breaks
22 – 24 hoursRounded up: 6 rest breaks
24 hours exactly6 rest breaks

How Employers Must Handle Rest Breaks

California has specific rules for mandatory rest breaks. Violating these rules can mean penalties for employers and extra pay (“premium pay”) for affected employees.

Key requirements for mandatory rest breaks include:

Duration: Must be at least 10 continuous, uninterrupted minutes.
Paid: Rest breaks count as paid work time. You must be paid for this break time.
Duty-Free: You can’t be required or expected to do any work or respond to your employer during the break. It must be truly your own time.
Timing: Breaks should ideally occur near the middle of each work period. An 8-hour shift typically requires rest breaks both before and after the meal period, where practical.
Off-Premises Option: Employers generally can’t force you to stay on work premises during rest breaks.

Can you choose to skip your rest break? Yes, generally, if your employer doesn’t pressure you to do so.

In the case Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, the California Supreme Court made it clear that employers are not required to force employees to take their breaks. 

Employers have a duty to provide the opportunity for breaks. They don’t have to police you or force you to take them.

However, employers can’t pressure you (directly or indirectly) to skip breaks. Creating expectations that you work or remain available during breaks is illegal. If this happens, your employer may still be liable for failing to provide proper breaks. You could be entitled to compensation.

Rest break rules and related court decisions can be complex. It’s best to consult an experienced employment lawyer about your specific situation.

What Are the Requirements for Meal Breaks Under California Law?

California law requires unpaid 30-minute meal breaks for non-exempt workers. One meal break must be provided for every 5 hours of work.4 Employers can choose to offer a longer break, like one hour.

Meal breaks have strict conditions. They must be uninterrupted. You can’t be required to do any work. You must be completely relieved of all job duties. Employers usually must allow you to leave the work premises during your meal break.5

Only in very rare cases, where work duties make relief impossible, can an ‘on-duty’ meal break be legal, and it requires a specific written agreement.

The importance of these protections was highlighted in the case Faulkinbury v. Boyd & Associates, Inc. (2013) 216 Cal.App.4th 220. Employees successfully sued because their employer did not fully relieve them of their duties during meal breaks or allow them to leave the premises.

Unlike rest breaks, there’s no “rounding up” of hours to determine eligibility for meal breaks. The 5-hour trigger is firm.

Let’s look at some examples:

Example: Letitia works a 14-hour shift (8 am – 10 pm). Her shift exceeds 10 hours and 12 hours. She is entitled to two 30-minute unpaid meal breaks. She will be paid for 13 hours worked.
Example: Jerry works exactly 10 hours (7 am – 5 pm). He is entitled to his first 30-minute unpaid meal break. Because his shift does not exceed 10 hours, a second meal break isn’t required. He will be paid for 9.5 hours worked. (Note: If his shift went even slightly over 10 hours, the second meal break rule would apply.)

The following chart shows the requirements for meal breaks in California:

How long is your shift? Number of meal breaks you’re entitled to
Less than 5 hours0 meal breaks
5-10 hours1 meal break
10-15 hours2 meal breaks
15-20 hours3 meal breaks

Again, if you work up to 10 hours, you’re only entitled to one meal break. If you work even a minute more than 10 hours, you’re entitled to two meal breaks.

Several other rules govern meal breaks in California:

Meal breaks and rest breaks must be taken separately.
Meal breaks can’t be combined. (Example: Two required 30-minute meal breaks can’t become one 60-minute break).
Your meal break must start before the end of the 5th hour of your shift.
If your shift lasts between 5 and 6 hours, you and your employer can mutually agree to waive the meal break. The agreement must be voluntary.6
If your shift lasts more than 10 hours, your second meal break must start before the end of the 10th hour.
You and your employer can agree to waive the second meal break if you work no more than 12 hours and didn’t waive the first meal break.

Remember, employee responsibility matters too. Your employer’s duty is to provide legally compliant meal breaks. They can’t impede you or discourage you from taking your required breaks.

But if your employer properly provides the opportunity, it’s generally your choice whether to take the full break. Voluntarily choosing to skip or shorten a properly provided break usually means you can’t later claim premium pay for it.

Which Industries Have Special Laws for Meal and Rest Breaks?

The general break rules cover most non-exempt workers. But some California industries have unique rules. These often come from specific California Labor Code sections or Industrial Welfare Commission (IWC) Wage Orders.

Industries with special break guidelines may include:

Some healthcare workers (rules can vary depending on setting and duty)
Group home care workers
Public transit bus drivers (especially if covered by a collective bargaining agreement)
Motion picture industry performers engaged in strenuous physical activities (rules can vary based on role and activity)
Agricultural Workers (including sheepherders or goatherders under specific conditions)
Certain Construction, Drilling, Logging, and Mining workers (often rules are set by a collective bargaining agreement)

This article doesn’t cover every industry-specific detail. The requirements can be quite complex.

If you’re unsure about the rules for your specific job and industry, it’s best to consult an experienced employment lawyer. They can help clarify your rights.

Your Right to Compensation for Denied Rest & Meal Breaks

Employers can’t deny required meal or rest breaks in California. State law mandates extra compensation for these violations. This is often called “premium pay.”

What compensation are you owed? The California Labor Code requires:

One extra hour of pay for each workday you were denied a compliant meal period.
One extra hour of pay for each workday you were denied a compliant rest period (or periods).
This adds up to a maximum of 2 hours of pay per day if both meal and rest breaks are denied.7

Be aware of strict deadlines to claim this pay. The statute of limitations is generally 3 years from the date of each break violation. Missing this deadline usually means losing your right to recover that specific day’s premium pay.

If you believe your employer illegally denied breaks, document everything. Specific steps help build a potential claim:

Record dates & details: Note the exact dates and times breaks were denied, cut short, or interrupted. Record any reasons your employer gave.
Save communications: Keep copies of relevant emails, texts, or work messages discussing breaks or schedules. Pay special attention to messages with HR or supervisors.
Identify witnesses: Think about coworkers who witnessed the violations or experienced similar issues. Note their names and contact information if appropriate.

This evidence is crucial. You might need it for a wage claim with the California Labor Commissioner’s Office (DLSE) or if you pursue a lawsuit.

Don’t dismiss missed breaks as minor. Your rights to breaks and premium pay matter.

Enforcing these rights protects you and your coworkers. It also helps deter future violations by employers. Remember: it’s illegal for your employer to retaliate against you for asserting your right to breaks or claiming owed wages.

Answers to Commonly-Asked Questions About Meal and Rest Breaks in California

Here are answers to frequently asked questions about California break laws.

Question: Can I work over 6 hours without breaks in California?
Answer: Generally no, if you’re a non-exempt employee. A shift over 6 hours and up to 10 hours typically requires two 10-minute paid rest breaks. It also requires one 30-minute unpaid meal break. Different rules apply if you’re exempt or an independent contractor. Were you denied required breaks? Consult an attorney.
Question: Can I waive my lunch break in California?
Answer: Sometimes, but specific rules apply. Waiver requires your voluntary, written agreement with your employer. You can agree to waive your first meal break only if your total shift is 6 hours or less. You can agree to waive a second meal break only if your shift is over 10 hours but less than 12 hours and you didn’t waive your first meal break.
Question: Can I work 5 hours without a lunch break in California?
Answer: Your first meal break must start before the end of your 5th hour. It can only be waived by mutual written agreement if your total shift is 6 hours or less. Working 5+ hours without taking or waiving the break violates the law.
Question: Can I sue my employer for violating California’s meal and rest break laws?
Answer: Yes, if your employer denied legally required meal or rest breaks, you can pursue legal action. You may recover “premium pay” (extra wages) and potentially other damages. Refer to the compensation details discussed earlier in this guide.
Question: I’m classified as an exempt salaried worker but think I should be paid hourly. Can I still sue my employer?
Answer: Yes, potentially. Misclassification is a common wage violation. If you’re wrongly classified as exempt, your employer may owe significant compensation. This includes pay for missed breaks, unpaid overtime, and other potential penalties. Speak with an employment lawyer immediately.
Question: What happens if I choose not to take my meal or rest breaks?
Answer: Employers must provide compliant breaks and relieve you of duty. They don’t have to force you to take them. But if they offer a proper break and you freely choose to skip or shorten it? You likely can’t claim premium pay later for that specific missed break time. However, employers can’t pressure or encourage you to skip breaks.
Question: How much time do I have to file a claim for missed breaks?
Answer: The statute of limitations in California is generally 3 years. This deadline runs from the date each specific break violation occurred. It’s crucial to file your claim within this timeframe.

Citations

  1. Cal. Lab. Code § 515 
    Fair Labor Standards Act of 1938, § 13(a)(1)(go back)
  2. Cali. Lab. Code § 226.7 (go back)
  3. Division of Labor Standards Enforcement Policies and Interpretations Manual (go back)
  4. Cal. Lab. Code § 512 (go back)
  5. Industrial Welfare Commission Wage Order No. 4-2001 (go back)
  6. Cal. Lab. Code § 512(a) (go back)
  7. Cal. Lab. Code § 226.7 (go back)
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