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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.
California’s lunch break law ensures that employees have sufficient time to rest and recharge their energies during their shifts.
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.
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.
Employers are required by California’s meal break legislation to give workers enough time to eat and relax during lengthy shifts.
What is required for meal breaks?
Can an employee waive their meal break?
Yes, under these conditions:
To ensure compliance with California’s meal and rest break laws, employers must comply with the following:
California labor regulations impose penalties on employers who do not give required breaks. Specifically:
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.
Why is documentation important?
If legal action is required, keeping a record of rejected breaks can help your case. Include:
What should you look for?
Examine your employer’s break policy to determine whether they are following California labor laws. Pay attention to:
Can discussing the issue help?
Bringing the matter to the notice of your employer can often fix the situation. Consider:
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.
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.
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.
No, California law requires employers to offer breaks. There could be legal repercussions if you don’t.
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, 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.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney David Mara who has more than 20 years of legal experience in employment law.
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