Meal and Rest Breaks for Employees in California

Posted on Monday October 14, 2019

The California Labor Code protects employees throughout the state in a number of ways, including requiring employers to provide adequate rest and meal breaks for employees during the workday. The basic rule is that employees need to take a rest break of at least 10 minutes every four hours and at least a 30-minute meal break every five hours. Rest breaks must be paid, but employers do not have to compensate employees for meal breaks. 

Overview of California’s Meal and Rest Break Laws

California’s lunch break law ensures that employees have sufficient time to rest and recharge their energies during their shifts.

Rest Break Requirements

Under California law, non-exempt employees are entitled to rest breaks, depending on the length of the entire shift. These breaks must be provided to ensure workers have enough rest intervals during the workday.

Shift Length and Break Entitlement

• 10-minute rest break for every four hours.
• Breaks should occur near the middle of the work period.
• No rest break is required if total work time is less than 3.5 hours.
• Rest breaks must be “off the clock” and devoid of work-related duties.

For example, two 10-minute breaks are permitted throughout an 8-hour shift. Employees must receive an extra hour of compensation if their employers refuse to provide them breaks.

Meal Break Overview

Employers are required by California’s meal break legislation to give workers enough time to eat and relax during lengthy shifts.

30-Minute Meal Break Obligations

What is required for meal breaks?

• Employees who work more than five hours must be provided with a 30-minute unpaid meal break by the end of the fifth hour.
• For shifts longer than 10 hours, a second 30-minute meal break is required.
• During meal breaks, the employee must be totally relieved of duties.

Waiving Meal Breaks

Can an employee waive their meal break?

Yes, under these conditions:

• The first meal break can be waived if the shift is six hours or less.
• The second meal break can be waived if the shift is 12 hours or less, and the first meal break was not waived.

Employer Responsibilities in Break Compliance

To ensure compliance with California’s meal and rest break laws, employers must comply with the following:

• Scheduling breaks
• Freeing workers from work
• Record keeping for compliance
• Training of supervisors

Penalties for Breaking Meal and Rest Break Laws

California labor regulations impose penalties on employers who do not give required breaks. Specifically:

• For each missed meal or rest break, the employer must pay the employee one additional hour of pay at the employee’s regular rate.
• These penalties are cumulative, meaning that an employee who misses both a meal and a rest break in a single day may be entitled to two hours of additional pay.

What to Do When Your Breaks Are Denied

There are a few things you can do if you think your employer has refused to give you the legally required lunch or rest breaks.

Document Violations

Why is documentation important?

If legal action is required, keeping a record of rejected breaks can help your case. Include:

• Add the times and dates that breaks were refused.
• Any correspondence regarding missed breaks with your employer.
• Copies of your work schedule or time cards showing break violations.

Review Company Policies

What should you look for?

Examine your employer’s break policy to determine whether they are following California labor laws. Pay attention to:

• Written policies.
• Procedures for reporting missed breaks.
• Employer guidelines for break timing and frequency.

Communicate with Employer

Can discussing the issue help?

Bringing the matter to the notice of your employer can often fix the situation. Consider:

• Approaching your supervisor or HR department.
• Providing documented evidence.
• Requesting clarification on company break policies.

Seek Legal Counsel

When should you consult an attorney?

An employment attorney can evaluate your case to determine if break violations occurred, advise you on your legal rights and options, and help you pursue compensation for denied breaks.

FAQs About California Lunch Break Law

Do I Have to Take a Lunch Break?

Yes. Unless it is waived for shifts of six hours or fewer, workers who work more than five hours are required to take a 30-minute break.

What If I Take My Lunch Break Late?

Breaks should be taken before the end of the sixth hour. There is a penalty for failing to take a break on time, and employers are responsible for timing compliance.

Can My Employer Refuse to Give Me a Break?

No, California law requires employers to offer breaks. There could be legal repercussions if you don’t.

Consult with a California Employment Law Attorney Regarding Your Concerns

For expert legal advice, call Mara Law Firm at (619) 234-2833 or stop by 2650 Camino Del Rio N, Suite 302, San Diego, CA 92108.

David Mara

David Mara, founder of Mara Law Firm, PC, is a California employment attorney specializing in wage and hour law and representing injured civilians under U.S. defense contracts. He has recovered tens of millions for workers and contributed to landmark cases like Brinker Restaurant Corp. v. Superior Court. A member of multiple legal organizations, he also shapes California labor laws through legislative reviews. Mara holds a B.A. from San Diego State University and a J.D. from California Western School of Law and is admitted to practice in various federal courts.

At Mara Law Firm, we are dedicated to fiercely advocating for workers who have faced wage theft, violations of California labor laws, or injuries sustained under a U.S. Defense Contract. With decades of experience, our attorneys provide personalized, confidential, and no-cost consultations to ensure the best outcomes for our clients. We bring unmatched expertise to protect your interests and fight relentlessly to secure the compensation you deserve, guiding you through every step of the legal process to uphold your rights and deliver the relief you need.

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