California Lunch Break Laws: Know Your Employee Rights

California's labour laws guarantee employees a number of rights regarding meal and rest breaks. Non-exempt employees are entitled to one unpaid 30-minute meal break, and two paid 10-minute rest breaks, during a typical 8-hour shift. Employees must take their meal break before the end of their fifth hour of work, and their first rest break before the end of their fourth hour. If an employee works more than 10 hours in a day, they are entitled to a second meal break of at least 30 minutes before the end of the tenth hour. Employees can waive their meal break if their workday is less than six hours, and their second meal break if they work no more than 12 hours and did not waive their first meal break.

Meal break requirements for shifts over 5 hours

In California, employees who work shifts longer than five hours are entitled to a meal break lasting a minimum of 30 minutes. This break is unpaid and uninterrupted and must begin before the end of the fifth hour of work. For example, if an employee’s shift begins at 8 a.m., their meal break would need to start before 1 p.m.

Employers are not required to ensure that employees take their meal breaks. However, they must provide a reasonable opportunity for employees to take an uninterrupted 30-minute break and ensure that employees are relieved of all duties during this time. If an employer fails to provide a meal break, they are required to pay the employee an additional hour of regular pay for each workday that the meal period is not provided.

Employees can waive their right to a meal break if their workday is not longer than six hours and both the employee and employer consent. If an employee works more than ten hours in a day, they are entitled to a second 30-minute meal break, which must be provided no later than the end of the tenth hour of work. This second meal break can be waived if the employee works no more than 12 hours that day and has not waived their first meal break.

Second meal break requirements for shifts over 10 hours

In California, an employee working a shift of more than 10 hours is entitled to a second 30-minute meal break. This break must be provided no later than the end of the employee's tenth hour of work.

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

• The total hours worked on that workday do not exceed 12 hours.
• Both the employee and the employer mutually consent to the waiver of the break.
• The employee did not waive their first meal break.

If an employer fails to provide an employee with their second meal break, they are required to pay the employee an additional hour of pay at the employee's regular rate for each workday that the meal period is not provided.

Rest break requirements

In California, employees are entitled to a 10-minute uninterrupted, duty-free rest break for every four hours they work (or "major fraction" thereof). This means that if you work at least 3.5 hours in a day, you are entitled to one 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, if possible, should be taken in the middle of each work period. For example, if you work 8 hours, you should have a separate rest break both before and after your meal break. Your employer cannot require you to remain on the work premises during your rest break, and you cannot be required to work during it. However, you are free to skip your rest break, provided your employer isn't encouraging or forcing you to.

Rest breaks and meal breaks are meant to be separate and should not be combined. For instance, your employer cannot give you a single 1-hour break and say that it counts as both your meal and rest breaks.

On-duty meal breaks

• The nature of the work prevents an employee from being relieved of all duties. For example, a sole worker in an all-night convenience store or a security guard stationed alone at a remote site.
• It must be agreed to in writing by 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).

If an employer fails to provide an employee with a meal break, they must pay the employee an additional hour of compensation at their regular rate for each workday that the meal period is not provided.

Waiving meal breaks

For shifts exceeding ten hours, employees are entitled to a second 30-minute meal break, which must also be unpaid, uninterrupted, and start before the end of the tenth hour of work. This second break can be waived if the total work hours do not exceed 12, the employee took the first meal break, and there is mutual consent between the employer and employee. It is important to note that employees cannot waive both meal breaks in a workday.

On-duty meal breaks, where employees are required to work during their meal break, are permitted only in certain circumstances. These include situations where the nature of the work prevents an employee from being relieved of all duties, such as a sole worker in an all-night convenience store or a security guard stationed alone. In such cases, there must be a written agreement between the employer and employee, and the employee must have the right to revoke this agreement at any time. On-duty meal breaks are considered paid breaks and must be included in the employee's regular pay.

While employers are required to provide meal breaks, they are not obligated to ensure that employees take those breaks. Employees have the right to choose whether to take their meal breaks or not. However, employers must ensure that they provide a reasonable opportunity for employees to take their breaks and should not impede or discourage them from doing so.

Frequently asked questions