California meal and rest break rules
California requires a 30-minute meal period for work periods over 5 hours and a paid 10-minute rest period for each 4 hours worked or major fraction. A missed meal or rest period costs one extra hour of pay for that workday.
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First meal period: over 5 hours
Over 5 hours of work: a meal period of at least 30 minutes. It must start no later than the end of the 5th hour. If the whole day is 6 hours or less, it may be waived by mutual consent.
Example. Shift starts 8:00. Meal must start by 1:00. A 6-hour shift may skip it if both sides agree.
Second meal period: over 10 hours
Over 10 hours: a second 30-minute meal period, no later than the end of the 10th hour. If the day is 12 hours or less, it may be waived by mutual consent, but only if the first meal period was not waived.
Example. 11 hours of work starting 7:00, first meal 12:00–12:30 off duty: second meal must start by 5:30 p.m. (end of the 10th hour of work), unless validly waived.
On-duty meal periods are paid
If the employee is not relieved of all duty for the 30 minutes, it is an on-duty meal period and counts as time worked. On-duty meals are allowed only when the nature of the work prevents relief and there is a written agreement the employee can revoke in writing.
Example. Sole night clerk eats at the counter under a signed on-duty agreement: the 30 minutes are paid.
Rest periods: 10 minutes per 4 hours
10 minutes net rest per 4 hours worked, or major fraction. The Labor Commissioner treats more than 2 hours as a major fraction. Not required if total daily work is under 3.5 hours. Rest time is paid and counts as hours worked.
Example. 3 hours: 0 rest periods. 4 hours: 1. 6.5 hours: 2 (over 6 hours). 10.5 hours: 3 (over 10 hours).
Missed meal period: 1 hour of pay
1 extra hour of pay at the employee's regular rate for each workday a required meal period is not provided. This extra hour does not count as hours worked for overtime.
Example. Regular rate $22.00. Meal period not provided on Monday and Wednesday: 2 × $22.00 = $44.00 in premiums.
Missed rest period: 1 hour of pay per workday
1 extra hour of pay at the regular rate for each workday a required rest period is not provided. It is one hour per workday, not one per missed rest period.
Example. Two rest periods missed on the same day at $22.00: premium is $22.00, not $44.00.
Questions
When must the first meal break start?
No later than the end of the employee's fifth hour of work.
Can an employee skip lunch?
On a day of 6 hours or less, the first meal period may be waived by mutual consent.
Is the meal premium one hour at minimum wage?
No. It is one hour at the employee's regular rate of compensation.
Are rest breaks paid in California?
Yes. Authorized rest time counts as hours worked, with no deduction from wages.
Do these rules apply to every industry?
The rules come from the Labor Code and the IWC wage orders. Some industries, such as motion pictures and health care, have special rules.
This page explains published rules. It is not legal advice. Exemption questions need a professional. Not affiliated with the U.S. Department of Labor or any state agency.