California Meal and Rest Break Laws
An Employer’s Guide
California has some of the most protective meal and rest break laws in the country. Failure to comply with these rules can expose employers to lawsuits, penalties, and wage claims. Below is a detailed breakdown of California’s requirements so employers can stay compliant and avoid costly mistakes.
Meal Break Requirements for California Employees
First Meal Break
Non-exempt employees who work more than five hours in a workday must receive an unpaid meal break of at least 30 minutes.
This meal period must begin before the end of the fifth hour of work.
If the total workday does not exceed six hours, the employee and employer may mutually agree in writing to waive this meal period.
The requirement that the meal period starts prior to the end of the fifth hour is critical. As an example, if an employee begins working at 8:00 a.m., they should begin their break no later than 12:59 p.m. If the employee begins their meal break any later, they risk non-compliance for that work day.
Second Meal Break
If an employee works more than 10 hours in a day, they are entitled to a second unpaid 30-minute meal break.
This second break must begin before the end of the 10th hour of work.
If the total workday does not exceed 12 hours, the second meal period may also be waived in writing, but only if the first meal break was not waived.
Relief from Duty Requirement
During meal periods, employees must be completely relieved of all job duties. In general, for a meal break to qualify as unpaid, employees must be permitted to leave the premises, subject to limited exceptions for certain healthcare workers.
On-Duty Meal Periods
An on-duty meal period is allowed only under very limited circumstances:
The nature of the work must prevent the employee from being relieved of all duty.
The employee must agree to the on-duty meal period in a signed, written agreement.
The meal period must be paid time.
On-duty meal periods are rare and should be used cautiously, as the basis upon which they are permitted is very fact-specific. Additionally, the written agreement must be revocable by the employee at any time, effectively making this an unreliable option for scheduling purposes.
Rest Break Requirements in California
Non-exempt employees are entitled to paid, duty-free rest breaks based on the total hours worked:
3.5 hours or less: No rest break required.
Over 3.5 to 6 hours: One 10-minute rest break.
Over 6 to 10 hours: Two 10-minute rest breaks.
Over 10 to 14 hours: Three 10-minute rest breaks.
Timing of Rest Breaks
Rest breaks should generally occur in the middle of each 4-hour work period whenever practical.
Relief from Duty During Rest Breaks
Employees must be fully relieved of all duties and free to leave their workstations. Breaks may not be combined or saved to shorten the workday or extend lunch periods.
Recordkeeping for Meal and Rest Break Compliance
Proper recordkeeping is essential for California employers to demonstrate compliance with meal and rest break laws and to defend against potential wage claims. Even if employers take necessary steps to comply with providing their employees compliant breaks, inadequate documentation can leave employers open to significant exposure to claims from employees.
Meal Period Timekeeping Requirements
Employers should require non-exempt employees to clock out at the start of each unpaid meal period and clock back in upon returning to work. This practice creates a clear, accurate record of when breaks are taken and helps confirm that breaks are provided within the legally required timeframes. Timekeeping records should clearly reflect that each meal period begins on time, specifically that the first meal period began prior to the end of the fifth hour of work, and that a second meal period must begin prior to the end of the tenth hour of work.
Rest Periods
Because rest breaks are paid time, employees are typically not required to clock out for them. However, supervisors should ensure employees are relieved of duty during these breaks.
Manager Oversight and Compliance Best Practices
Managers and supervisors play a critical role in ensuring compliance:
Monitor employees’ break schedules to confirm that meal and rest periods are being properly taken.
Document compliance efforts, including any reports of missed breaks and the company’s corrective actions.
Encourage prompt reporting by employees if a break is missed or interrupted.
Avoid any action that could be interpreted as curtailing an employee from their right to take a break.
Voluntarily pay break premiums when violations occur to demonstrate good faith compliance and reduce legal risk.
Penalties for Missed Meal and Rest Breaks
California law requires employers to pay one hour of premium pay at the employee’s regular rate of pay for each workday that a meal break violation occurs and a separate one hour of premium pay for each workday that a rest break violation occurs. These penalties are calculated separately, meaning an employee could be entitled to up to two hours of premium pay in a single day — one for a missed meal break and one for a missed rest break.
Premium payments should be clearly identified on the wage statement as a separate line item.
Common Violations Include:
Requiring employees to work during meal or rest breaks.
Failing to relieve employees of all duties during breaks.
Not providing breaks within the required timeframes.
Preventing employees from taking breaks.
This premium pay is owed in addition to the employee’s regular wages and must be paid timely to avoid further liability. By proactively addressing missed breaks through timely payment of premiums, employers may minimize exposure to further claims such as waiting time penalties (which can arise if a terminated employee is still owed wages at the time of separation).
Additional Legal Considerations
No rounding allowed: Employers cannot round time entries related to meal periods.
Rest break violations include on-call interruptions: Employees interrupted during meal and rest breaks must receive a compliant break later or premium pay.
Heat Illness Rest Breaks: Employers should also be aware of the Cal/OSHA rules related to heat illness rest break requirements.
Why Compliance Matters
Failure to comply with California’s strict meal and rest break laws can expose employers to serious legal and financial risks, including:
Individual wage and hour claims
Class-action lawsuits
Private Attorneys General Act (PAGA) claims
Significant financial penalties
In addition to liability for missed breaks, employers who fail to proactively address violations may also face waiting time penalties if wages owed for missed breaks are not paid at the time of termination.
Best Practices for Employers to Ensure Compliance
To minimize risk and protect your business, California employers should adopt the following best practices:
Implement clear, compliant policies outlining employee rights to timely, duty-free meal and rest breaks.
Require employees to accurately clock out for unpaid meal breaks and clock back in upon return.
Ensure managers are trained to understand the legal requirements and monitor employees’ break schedules.
Direct Human Resources to actively review timecards and identify any patterns of non-compliance, addressing issues promptly.
Where violations occur, voluntarily pay premium penalties to reduce exposure and demonstrate good faith compliance.
Properly document any break waivers in writing as required by law.
Partner with Chapman Legal to Ensure Break Compliance and Avoid Penalties
At Chapman Employment Law, we help California employers implement practical, compliant policies and provide training to managers and HR teams to ensure legal compliance. Contact Chapman Legal today to review your break policies, train your managers, and ensure your practices are fully compliant with California law, while fostering a workplace culture of legal compliance and employee trust.
