California's Lunch Break Law: Know Your Rights As Employees

California's labour laws are relatively strong when compared to those of other states. The state's meal and rest break laws are designed to ensure workers are treated fairly and ethically on the job. However, some employers don't necessarily abide by all applicable laws and regulations.

In California, non-exempt employees are entitled to an unpaid meal or lunch break of at least 30 minutes for shifts longer than five hours. This break can be waived if the workday does not surpass six hours. If an employee works more than 10 hours in one workday, they must receive a second 30-minute unpaid meal break, which can be waived if the workday does not surpass 12 hours and the employee took their first meal break.

Additionally, employees are entitled to a paid 10-minute rest period for every four hours worked. If an employee works a four-hour shift, they are allowed one rest break, and two after working eight hours. Rest breaks are not required for employees who work under 3.5 hours in a workday.

When are employees entitled to meal and rest breaks?

In California, employees are entitled to a meal or lunch break of at least 30 minutes when working more than five hours in a day. This break is unpaid and uninterrupted and must begin before the end of the fifth hour of work. This break can be waived if the workday does not exceed six hours.

If an employee works more than 10 hours in a day, they are entitled to a second 30-minute unpaid meal break. This meal break can be waived, provided the total work hours do not exceed 12 hours, and the first meal break was not waived.

Additionally, employees are entitled to a paid 10-minute rest period for every four hours worked. This means that an employee working an eight-hour day should have a separate rest break both before and after their meal break. Rest breaks are not required for employees who work less than 3.5 hours in a workday.

It is important to note that these break laws do not apply to some industries, such as domestic workers, farm workers, and independent contractors. Additionally, meal break requirements do not apply to unionized industries with collective bargaining agreements, such as the motion picture industry and electrical or gas companies.

Waiving breaks in California

In California, employees working a shift of six hours or less can waive their meal break, but only with the mutual consent of their employer. This is because, in California, employers are legally required to give their workers a meal break when working a shift of more than five hours.

For shifts of more than 10 hours, employees are entitled to a second 30-minute meal break. This second meal break can be waived if the employee did not waive their first break and is not working more than 12 hours that day.

In California, employers are not required to make their employees take breaks, but they must provide the opportunity for breaks to be taken. If an employer fails to provide a meal break, they are required to pay the employee an additional hour of pay at their regular rate of compensation for each workday that the meal break was not provided.

It is important to note that rest breaks and meal breaks are separate and cannot be combined.

How an employee can respond after a missed meal break

In California, employees are entitled to a 30-minute unpaid meal break when working more than five hours in a day. If an employee works more than 10 hours in a day, they are entitled to a second 30-minute unpaid meal break. If an employee misses a meal break, they are entitled to an additional hour of pay for that missed break. This is because employers are required by law to make timely meal breaks available to their employees.

If an employee misses a meal break, they can file a wage claim with the Division of Labor Standards Enforcement (the Labor Commissioner's Office), or they can file a lawsuit in court against their employer to recover the premium of one additional hour of pay at their regular rate of compensation for each workday that the meal period is not provided.

To file a wage claim, an employee must complete and file a claim with a local office of the Division of Labor Standards Enforcement (DLSE). The claim will then be assigned to a Deputy Labor Commissioner who will determine how best to proceed. Initial action may be to refer to a conference or hearing, or to dismiss the claim. If the claim is not resolved at the conference, the next step is usually to refer the matter to a hearing or dismiss it for lack of evidence.

At the hearing, the parties and witnesses testify under oath, and the proceeding is recorded. After the hearing, an Order, Decision, or Award (ODA) of the Labor Commissioner will be served to the parties. Either party may appeal the ODA to a civil court, where the matter will be set for trial, and each party will have the opportunity to present evidence and witnesses.

If the employee prevails at the hearing and the employer does not pay or appeal the ODA, the DLSE will have the court enter the ODA as a judgment against the employer. This judgment has the same force and effect as any other money judgment entered by the court. Consequently, the employee may either try to collect the judgment themselves or assign it to the DLSE.

On-duty meal breaks

• Relieve the employee of all duties.
• Allow the employee to leave the worksite.
• Not be discouraged or prevented by the employer.

Employers are not required to ensure employees take their meal breaks. Once the meal period is provided, there is no duty to police meal breaks to ensure no work is being done.

California's meal and rest laws

In California, employers must provide nonexempt employees with specific meal and rest breaks. These requirements are as follows:

Meal Breaks

• Employees working more than five hours in a day must be given an unpaid, uninterrupted meal break of at least 30 minutes, which must start before the end of the fifth hour of work.
• Employees can waive this meal break if their workday is no longer than six hours, with the mutual consent of the employer.
• Employees working more than 10 hours in a day are entitled to a second 30-minute meal break, which must start before the end of the tenth hour of work.
• The second meal break can be waived if the employee works no more than 12 hours and has not waived their first meal break, with the mutual consent of the employer.
• Employers must relieve employees of all duties during meal breaks and allow them to leave the worksite.
• Employees cannot be required to remain on-site or on-call during meal breaks.
• On-duty meal breaks, where employees are required to work during their break, are only permitted in certain circumstances, such as when the employee is the only person on duty, and must be paid.
• On-duty meal breaks require a written agreement between the employer and employee, which the employee can revoke at any time.
• Employees who work a shift beginning or ending between 10 pm and 6 am must be provided with facilities for securing hot food and drink and a suitable place to consume them.
• Employees in the motion picture industry cannot work more than six hours without a 30-minute meal break and must be provided with a subsequent meal break no later than six hours after the termination of the preceding meal break.

Rest Breaks

• Employees are entitled to a paid 10-minute rest break for every four hours worked (or "major fraction" thereof). Anything over two hours is considered a "major fraction".
• Rest breaks should ideally be taken in the middle of each four-hour work period.
• Employees working an eight-hour day should have one rest break before their meal break and one after.
• Employers must relieve employees of all duties during rest breaks and provide suitable resting facilities in an area separate from the bathroom.
• Employees cannot be required to remain on-site or on-call during rest breaks.
• Employees working less than 3.5 hours in a day are not entitled to rest breaks.

Waiving Breaks

• While employers are required to provide meal and rest breaks, employees are not required to take them. It is up to the employee to ensure they take their breaks.
• Employers have the right to set work and break schedules and can order employees to go on their breaks.
• Employees who voluntarily skip or waive their breaks, or take them late, without pressure or encouragement from the employer, are not in violation of the law.
• However, employers who fail to provide the required meal and rest breaks may face legal consequences and fines.

Exempt Employees

• Exempt employees, who generally meet specific requirements related to salary, job duties, and administrative work, are entitled to meal breaks but not rest breaks.
• Additionally, certain industries, such as healthcare, construction, commercial driving, and motion pictures, have separate meal and rest break laws.

Frequently asked questions