California Law: Unpaid Meal Breaks Explained

California law states that employees working a shift of more than five hours are entitled to a 30-minute unpaid meal break. If an employee works more than 10 hours, they are entitled to a second 30-minute meal break. Employees are also entitled to a paid 10-minute rest period for every four hours worked.

Employers are not required to ensure that no work is performed during meal breaks, but they must relieve employees of all duties and relinquish control over their activities. If an employer fails to provide an employee with a meal break, they must pay one additional hour of the employee's regular rate of pay for each workday that the meal period is not provided.

Requirements for a legal meal break

In California, employers are required to provide workers with meal breaks, rest breaks, and certain other types of breaks. Here is a detailed overview of the requirements for a legal meal break in California:

• Length of the break: A meal break must be at least 30 minutes long.
• Timing of the break: For a shift lasting more than five hours, the meal break must be provided no later than the end of the fifth hour of work. For shifts exceeding ten hours, a second 30-minute meal break must be provided no later than the end of the tenth hour of work.
• Frequency of breaks: The number of breaks an employee is entitled to depends on the hours worked, not the length of the scheduled shift. For example, if an employee is scheduled for a ten-hour shift but only works for three hours, the employer does not have to provide a meal break.
• Waiving the right to a meal break: An employee working six hours or less in a shift may waive their right to a meal break with the mutual consent of the employer. If the shift is greater than ten hours but does not exceed twelve, an employee can waive their right to a second meal break as long as they take the first one. It is important to note that an employee cannot waive both breaks in a workday.
• On-duty meal breaks: In certain circumstances, such as when an employee cannot be relieved of all duties during their break, an employer may provide an on-duty meal break. These breaks are paid and must be agreed upon in writing by both the employer and the employee. The employee must also have the right to revoke this agreement at any time.
• On-site meal breaks: In some cases, including on-duty meal breaks, employees may be required to take their meal breaks on-site. In such instances, the employer must provide a suitable place for the employee to eat and the employee must be paid, even if they are relieved of their duties.
• Discouraging or impeding meal breaks: Employers must not discourage or impede employees from taking their meal breaks. This includes creating incentives for employees to skip their breaks.
• Ensuring breaks are taken: While employers must provide meal breaks, they are not required to ensure that employees take those breaks. However, if an employee's meal break is interrupted, the employer must pay the employee an additional hour of pay for that day, known as "premium pay."

Number and timing of meal breaks

In California, the number and timing of meal breaks depends on the number of hours worked.

If you work more than five hours in a day, you are entitled to a 30-minute uninterrupted, off-duty meal break. This break must start before the end of the fifth hour of your shift. For example, if your shift starts at 8 a.m., your meal break must start before 1 p.m.

If you work more than ten hours in a day, you are entitled to a second 30-minute meal break. This break must start before the end of the tenth hour of your shift.

The number of breaks you are entitled to depends on the hours you work, not the hours you are scheduled. For instance, if you are scheduled for a ten-hour shift but only work a three-hour shift, your employer does not have to provide a meal break.

You can waive your right to a meal break if you work six hours or less in a day, as long as both you and your employer agree. If you work more than ten hours but not more than twelve, you can waive your right to a second meal break as long as you take the first one. You cannot waive both breaks in one workday.

If your employer fails to provide you with timely or uninterrupted meal breaks, you may be able to sue for unpaid premium pay and other damages.

Waiving your right to a meal break

In California, employees can waive their right to a meal break, provided they do not work more than six hours in a workday. This waiver must be done by mutual consent of both the employer and employee. If the employee works more than ten hours in a day, they are entitled to a second meal break of at least 30 minutes, which must start before the end of the tenth hour of their shift. This second meal break can be waived only if the employee works no more than 12 hours, the first meal break was not waived, and there is mutual consent between the employer and employee.

It is important to note that employers are required by law to provide timely meal and rest breaks to their employees. However, employees can choose to waive or skip these breaks without any pressure or encouragement from the employer. If an employee decides to waive their meal break, it is advisable to discuss this beforehand with the employer, as they have the right to order employees to take their breaks and can discipline or terminate employees for insubordination.

Additionally, employees cannot be forced to work during their meal breaks. Meal breaks are considered "on-duty" and counted as hours worked only in specific circumstances, such as when the nature of the work prevents an employee from being relieved of all duties. In such cases, there must be a written agreement between the employer and employee, and the employee must be allowed to revoke the agreement in writing at any time.

Employers who fail to provide the required meal breaks may face costly consequences and litigation. For each workday that an employee is not provided a meal break, the employer owes the employee an additional hour of pay at the regular rate. Employees can file a wage claim with the Division of Labor Standards Enforcement to address such violations.

On-duty meal breaks

• The nature of the work must prevent an employee from being relieved of all duties.
• The on-duty meal break must be agreed to in writing by both the employer and the employee.
• The employee must be able to revoke the agreement at any time in writing, except under Wage Order 14 (Agricultural Occupations).

Exemptions for various industries

California's meal and rest break requirements are a source of significant litigation for employers in the state. The following are some exemptions for various industries:

Construction

The meal and rest break requirements for employees in the construction industry are different from those in other industries. Collective bargaining agreements in the construction industry may provide for meal periods on a different schedule than what is typically required.

Healthcare

Healthcare workers, such as ambulance personnel, may be exempt from certain rest break requirements. For example, they may be allowed to take rest breaks that are interrupted in certain emergency situations.

Motion Picture

The motion picture industry is another sector where collective bargaining agreements may override the standard meal and rest break requirements.

Manufacturing

Employees in the manufacturing industry, particularly those in safety-sensitive positions, may be exempt from taking uninterrupted rest breaks.

Baking

The baking industry is another sector where employees may be exempt from taking uninterrupted rest breaks.

Commercial Driving

Commercial drivers are considered exempt workers and are not entitled to California meal and rest breaks. However, they must receive breaks after 8 hours of work under federal law.

Domestic Workers and Farm Workers

Domestic workers and farm workers are covered by different meal and rest break laws than most other employees in California.

Outdoor Workers

Outdoor workers have additional rights to take breaks to prevent heat illness. Employers must allow these workers to take breaks whenever needed to cool off in the shade.

Unionized Workers

Unionized workers in certain industries, such as construction, public utilities, security, commercial driving, motion picture, broadcasting, wholesale banking, and healthcare, may have meal and rest break schedules that are different from the standard requirements.

Frequently asked questions