Understanding California's Labor Laws: Breaks And You

California labor laws regarding breaks are quite extensive and are designed to ensure workers are treated fairly and ethically on the job. In a typical 8-hour shift, non-exempt employees are entitled to one unpaid 30-minute meal break and two paid 10-minute rest breaks. If an employee works more than 10 hours in a day, they are entitled to a second 30-minute meal break. These breaks are off-duty time, and employers are not allowed to interrupt an employee during their break.

When are breaks required?

In California, employees are entitled to breaks if they work a certain number of hours. The number and length of breaks an employee is entitled to depends on the number of hours they work. Here is a breakdown of when breaks are required:

5-hour Workday

Employees who work at least 3.5 hours in a day are entitled to at least one paid 10-minute rest break.

5-hour Workday

Employees who work more than 5 hours per day must be provided with an unpaid 30-minute meal break by their employer. This meal break must be provided no later than the end of the employee's fifth hour of work.

6-hour Workday

If the workday lasts no more than 6 hours, the 30-minute meal break can be waived if both the employee and the employer consent. Employees who work at least 6 hours are entitled to a second 10-minute rest break.

10-hour Workday

Employees who work at least 10 hours per day must be provided with an additional 30-minute meal break. This second meal break must be provided no later than the end of the employee's tenth hour of work.

12-hour Workday

The second meal break can be waived if the employee works no more than 12 hours and the first meal break was not waived.

How long are breaks?

In California, the length of breaks that employees are entitled to depends on the number of hours they work in a day.

If an employee works more than five hours, they are entitled to a 30-minute meal break. This break is unpaid and must be uninterrupted. If the employee works more than ten hours, they are entitled to a second 30-minute meal break. This second break can be waived if the employee works no more than 12 hours and took the first meal break.

Additionally, employees are entitled to a 10-minute rest break for every four hours worked. This break is paid and must also be uninterrupted. If an employee works at least 3.5 hours in a day, they are entitled to one rest break. If they work over six hours, they are entitled to a second rest break, and if they work over ten hours, they are entitled to a third.

It is important to note that there are exceptions to these break requirements for certain industries, such as construction, healthcare, and motion picture.

What if I work over 10 hours?

If you work over 10 hours in California, you are entitled to a second 30-minute meal break. This must be provided no later than the end of your 10th hour of work. You can waive this second meal break if you work no more than 12 hours and you took your first meal break.

In addition to this second meal break, you are also entitled to a third 10-minute rest break. This is because employees are permitted one rest break for every four hours worked, or a 'major fraction' thereof. Anything over two hours is considered a 'major fraction' of four.

It is important to note that these breaks must be uninterrupted and off-duty. Your employer cannot require you to remain on the premises during your meal break unless the nature of your work means you cannot be relieved of all duties. If you are required to stay on-site, your meal break must be paid.

If your employer does not provide you with the legally required breaks, they must pay you a 'premium wage' of one additional hour of pay at your regular rate. If both your meal and rest breaks are not given, this increases to two hours of pay. You can file a claim with the California Division of Labor Standards Enforcement to recover this premium pay.

Do I get paid for breaks?

In California, employees are entitled to take breaks according to the law. These include an uninterrupted 30-minute unpaid meal break when working more than five hours in a day, an additional 30-minute unpaid meal break when working more than 12 hours in a day, and a paid 10-minute rest period for every four hours worked.

Whether or not you get paid for your breaks depends on the type of break you are taking.

Meal Breaks

Meal breaks are usually unpaid. However, if you are required to remain on the work premises or remain "on duty" during your meal break, you must be paid for this time. This is also the case if you are relieved of all duties during your meal break but are required to remain on-site.

Rest Breaks

Rest breaks, on the other hand, are always paid. For every four hours worked, you are entitled to a 10-minute paid rest break.

Waiving Breaks

In some cases, employees may choose to waive their meal breaks. If your workday is six hours or less, you can agree with your employer to waive your meal break. If you work more than 10 hours but less than 12, you can waive your second meal break, but only if you took your first one.

California employers can face costly consequences for violating work break laws. If your employer does not provide you with a meal break, they owe you an additional hour of pay at your regular rate of pay for each workday that the meal break is not provided. If your rest break is not given or is interrupted, your employer owes you one hour of pay at your regular rate, which must be included in your next paycheck.

Where can I take my break?

In California, employees are entitled to take their breaks wherever they like, as it is their break time. This means that they can take their break off the work premises, and go wherever they like, such as shopping, running errands, or meeting a friend. However, there are some exceptions to this.

For instance, an employer can require an employee to stay on the premises during their meal break, even if they are relieved of all work duties. In this case, the meal break must be paid. There are also some exceptions for certain industries, such as the healthcare industry, where there are minor exceptions to the employee's right to leave the employment premises during an off-duty meal period. In all places where employees are required to eat on the premises, a suitable place for that purpose must be designated. This means a sheltered place with facilities for securing hot food and drink, or for heating food and drink, and for consuming such food and drink.

Additionally, an "on-duty" meal break is only permitted when the nature of the work prevents an employee from being relieved of all duties, and there is a written agreement between the employer and employee for an on-the-job paid meal break. This written agreement must also state that the employee can revoke the agreement in writing at any time. Some examples of jobs where this might be the case include a sole worker in a coffee kiosk, a convenience store, or a security guard stationed alone at a remote site.

Frequently asked questions