Understanding California Meal and Rest Break Laws

California meal and rest break requirements are governed by the California Labor Code and the Industrial Welfare Commission (IWC) Wage Orders. Unlike federal law—which does not require breaks for adult employees—California mandates specific meal and rest periods based on the length of an employee’s work shift.

These rules generally apply to non-exempt employees, meaning those who are paid hourly and eligible for overtime.

California Meal Break Requirements

When Meal Breaks Are Required

California law requires employers to provide unpaid, duty-free meal breaks as follows:

•Shifts over 5 hours: Employees must receive a 30-minute meal break no later than the end of the fifth hour of work.

•Shifts over 10 hours: A second 30-minute meal break must be provided no later than the end of the tenth hour of work.

Example: If an employee starts work at 8:00 a.m., their first meal break must begin no later than 1:00 p.m.

Meal Break Waivers

•The first meal period may be waived if the shift is no more than six hours, and the waiver must be mutual and voluntary.

•The second meal period may be waived if the shift is no more than 12 hours and the first meal break was not waived.

Duty-Free Requirement

Meal breaks must be completely duty-free. Employees must be relieved of all work responsibilities and allowed to leave the premises. If an employee is required to remain on duty, stay on-site, or perform any work, the meal break must be paid and may result in a compliance violation.

California Rest Break Requirements

Rest breaks in California are paid and counted as hours worked.

Required Rest Breaks by Shift Length

•3.5 to 6 hours: One 10-minute rest break

•More than 6 hours up to 10 hours: Two 10-minute rest breaks

•More than 10 hours: Three 10-minute rest breaks

The general rule is one 10-minute rest break for every four hours worked, or major fraction thereof.

Timing of Rest Breaks

Rest breaks should be provided near the middle of each work period whenever possible. Employers may allow flexibility, but rest breaks cannot be skipped, delayed, or combined with meal breaks.

Unlike meal breaks, employees are not required to leave the premises during rest breaks.

Common California Break Compliance Mistakes

Even well-intentioned employers often violate California break laws. Common pitfalls include:

Rolling or Delayed Breaks

Allowing employees to combine rest breaks with meal breaks or leave early instead of taking a break is not compliant with California law.

On-Call or Interrupted Breaks

If employees are required to remain on call or are routinely interrupted during breaks, those breaks may not be legally valid.

Automatic Meal Period Deductions

Automatically deducting meal breaks from paychecks—regardless of whether the break was taken—can lead to wage claims if employees worked through their break.

Poor Record-Keeping

Having a policy is not enough. Employers must maintain accurate records showing that breaks were provided, taken, or properly waived.

Penalties for Missed Meal and Rest Breaks in California

Under California Labor Code Section 226.7, employers who fail to provide compliant meal or rest breaks owe premium pay.

Premium Pay Rules

•One additional hour of pay at the employee’s regular rate for each day a meal break violation occurs

•One additional hour of pay for each day a rest break violation occurs

•Meal and rest break premiums are calculated separately

This means an employee can be owed up to two hours of premium pay per workday.

Key Facts About Premium Pay

•Premium pay is considered wages, not a penalty

•It must be reported on wage statements

•It can trigger waiting time penalties if unpaid at termination

•Employees can recover unpaid premiums for up to three years

•Liability can grow quickly, especially in class action cases

Important California Case Law Updates

Donohue v. AMN Services (2021)

The California Supreme Court clarified that meal and rest break premiums are wages but are not subject to stacked reporting time penalties.

Naranjo v. Spectrum Security Services (2022)

The court held that rest break premium pay does not need to be included in overtime rate calculations, offering limited relief to employers.

“Make Available” vs. “Provide”

Courts have consistently ruled that employers must affirmatively ensure employees can take breaks. A written policy alone is not enough if workplace practices discourage or prevent breaks.

Best Practices for California Employers

To reduce risk and maintain compliance, employers should:

1. Adopt clear written meal and rest break policies

2. Train supervisors and managers to encourage and protect break-taking

3. Use reliable timekeeping systems that track meal periods accurately

4. Audit time records regularly for missed or late breaks

5. Pay premium pay immediately when violations occur

6. Document voluntary meal break waivers properly

7. Post required IWC Wage Order notices in visible locations

Meal and Rest Break Compliance for Remote Employees

Remote and hybrid workers are still entitled to California meal and rest breaks. Employers should implement:

•Clear remote work break policies

•Reminders and scheduling expectations

•Guidance that employees should not respond to messages during meal breaks

Remote work can increase compliance risk if not actively managed.

Industry-Specific Exceptions

Some industries—such as healthcare, security services, and certain unionized workplaces—have modified break rules under specific IWC Wage Orders. Employers should always confirm which wage order applies to their industry.

Conclusion: Why Break Compliance Matters

California meal and rest break laws are one of the most litigated areas of employment law. Strict rules, employee-friendly courts, and significant financial penalties make compliance essential for every California employer.

By implementing strong policies, training leadership, maintaining accurate records, and fostering a culture that respects employee breaks, employers can significantly reduce legal exposure while supporting employee well-being and productivity.

Given the complexity and risk involved, many employers choose to work with experienced HR consultants or employment law attorneys to review their practices. Proactive compliance is far less costly than defending a wage and hour lawsuit.