Understanding California's Employee Break Law

California's labour laws are designed to protect workers and ensure they are treated fairly. The state's laws on meal and rest breaks are more generous than federal labour laws. In California, non-exempt workers are entitled to a 30-minute unpaid meal break if they work more than five hours in a day. This meal break must be uninterrupted and duty-free, and it must start before the end of the fifth hour of the worker's shift. Additionally, workers are entitled to a 10-minute uninterrupted and duty-free rest break for every four hours worked. Rest breaks must be paid, and workers cannot be required to stay on the work premises during their breaks. If an employer fails to comply with these break requirements, they must pay the employee one extra hour of regular pay for each day a meal or rest break violation occurred.

Meal breaks: 30-minute breaks for working over 5 hours

In California, employees who work more than five hours are entitled to a 30-minute meal break. This break must be uninterrupted, off-duty, and start before the end of the fifth hour of work. For example, if an employee’s shift begins at 8 am, their meal break would start at 12:59 pm at the latest.

The employer must relieve the employee of all duties, relinquish control of their activities, and allow them a reasonable opportunity to take an uninterrupted break. The employer must not impede or discourage the employee from taking their break.

The meal break can be unpaid only if the above conditions are met. If the employee works more than six hours, the meal break cannot be waived. If the employee works more than ten hours, they are entitled to a second 30-minute meal break, which must be provided no later than the end of the tenth work hour.

If the employer fails to provide the required meal break, they must pay the employee an additional hour of pay at the employee's regular rate for that workday.

Additional meal breaks: For working over 12 hours

In California, if you work over 12 hours in a day, you are entitled to a second 30-minute meal break. This break must be provided before the end of the tenth hour of work. This is in addition to the first 30-minute meal break, which must be provided before the end of the fifth hour of work.

The second meal break can be waived, but only if all of the following conditions are met:

• The total hours worked on that workday are not more than 12.
• You and the employee mutually consent to waive the break.
• The first meal break of the workday was not waived.

It is important to note that meal breaks are typically unpaid. For a meal break to be unpaid, the employee must be relieved of all their duties to the business. If an employee is asked to do anything for the employer during the meal period, that break must be paid. Additionally, the meal break must be uninterrupted, and the employee must be allowed to leave the work premises if they choose.

Employers must also provide rest breaks throughout the workday. For a 12-hour shift, employees are entitled to three 10-minute rest breaks, which should generally be taken in the middle of each four-hour work period. These rest breaks are paid and cannot be waived.

Rest breaks: 10-minute breaks for working over 3.5 hours

In California, employees are entitled to a 10-minute uninterrupted rest break for every four hours worked, or a 'major fraction' thereof. Anything over two hours is considered a 'major fraction' of four. This means that if you work at least 3.5 hours in a day, you are entitled to one 10-minute rest break. If you work over 6 hours, you are entitled to a second rest break, and if you work over 10 hours, you are entitled to a third.

Rest breaks must be paid and, where possible, should be taken in the middle of each work period. For example, in an eight-hour workday, one rest break should be taken before your meal break, and the other after. However, this is not always possible, and the California Supreme Court has acknowledged that shorter or longer shifts may require a different break schedule.

Your employer cannot require you to stay on the work premises during your rest break, nor can they ask you to remain on-call. You are free to skip your rest break if you wish, but your employer cannot encourage or force you to do so.

Rest break rules: Must be paid and uninterrupted

In California, employees are entitled to rest breaks, which are paid and uninterrupted. These breaks are to be provided by employers in addition to meal breaks.

For every four hours worked, employees must be given a 10-minute rest break. This is a paid break and must be uninterrupted. The break should be provided in the middle of the four-hour work period, but this is flexible depending on the nature of the work. For example, for an eight-hour shift, an employee should have a rest break two hours before and two hours after their meal break.

Employees are not required to remain on the work premises during their rest break, and they cannot be required to work during this time. However, employees are free to skip their rest breaks if they choose, as long as their employer is not encouraging or forcing them to do so.

If an employer fails to provide the required rest breaks, they are required to pay the employee one additional hour of regular pay for each day on which a rest break violation occurred.

On-duty meal breaks: Must be agreed in writing

In California, on-duty meal breaks are rare and typically only occur in industries where uninterrupted work is critical, such as security services or some healthcare roles. On-duty meal breaks must be agreed to in writing by both the employer and the employee, and the employee must be informed of their right to revoke the agreement at any time. This agreement can be revoked at any time by the employee, except under Wage Order 14 (Agricultural Occupations).

On-duty meal breaks are only permitted when the nature of the work prevents an employee from being relieved of all duties. In other words, if an employee must remain available to work during their meal period, this must be agreed upon in writing.

It is important to note that on-duty meal breaks have been upheld only in very limited circumstances. Employers should use caution and consult legal counsel before authorizing on-duty meal breaks.

Additionally, it is worth mentioning that California meal break laws do not generally apply to employees who qualify as independent contractors.

Frequently asked questions