Feel pressured to work through breaks? In California, meal and rest breaks are protected legal rights that employers must provide you under California’s labor laws. This simple guide explains what these laws require and what you should do if your rights are violated.
Meal Breaks: Your Rights Under California’s Labor Laws
Understanding your meal break rights under California’s labor laws is essential to standing up for you and your coworkers’ rights.
When do you get a meal break? If you work more than 5 hours in a shift, California labor laws require your employer to provide you with a 30-minute meal break. If you work more than 10 hours, you should get another 30-minute meal break. This can vary depending on your industry. You should consult with an employment lawyer to learn more.
How long should your meal break be? At least 30 uninterrupted minutes. If you perform any work during this time, it’s not considered a valid break. If your meal break is interrupted or cut short (without your written consent), it must be paid, plus you may be entitled to an extra hour’s pay at your regular rate as a penalty.
When must meal breaks be provided? First break: before the end of your 5th hour. Second break (10+ hour days): before the end of your 10th hour. California’s labor laws are strict on this.
Is it paid? Meal breaks are not usually paid unless that nature of the work prevents you from being relieved. Even so, you must agree in writing to remain on duty during your meal period. This is rare under California’s labor laws.
Can I be required to work during my meal period? Generally, no. Your employer must relieve you of all duty such that you are free to leave the worksite for the full 30-minutes.
California Meal Break Requirements
Hours Worked in a Day | Number of Meal Breaks Entitled | Duration | Paid/Unpaid | Must Be Offered By | Key Conditions |
Up to 5 hours | 0 | N/A | N/A | N/A | N/A |
More than 5 hrs (up to 6 hrs) | 1 | At least 30 mins | Unpaid (unless on-duty & agreed in writing) | End of 5th hour | Uninterrupted, Duty-Free (Waiver possible by mutual consent) |
More than 5 hrs (up to 10 hrs) | 1 | At least 30 mins | Unpaid (unless on-duty & agreed in writing) | End of 5th hour | Uninterrupted, Duty-Free |
More than 10 hrs (up to 12 hrs) | 2 | Two x 30 mins | Unpaid (unless on-duty & agreed in writing) | End of 5th hr & End of 10th hr | Uninterrupted, Duty-Free (2nd break waiver possible if 1st taken, by mutual consent) |
More than 12 hours | 2 | Two x 30 mins | Unpaid (unless on-duty & agreed in writing) | End of 5th hr & End of 10th hr | Uninterrupted, Duty-Free |
Paid Rest Breaks: Your Rights Under California’s Labor Laws
Beyond meals, California’s labor laws also give you paid rest breaks.
How often? A paid 10-min rest break for every 4 hours worked (or a big part of it). None if you work under 3.5 hours.
Is it paid? Yes, they’re paid! California Labor laws mandate that this is work time, so no pay cuts.
When should they happen? Best taken mid-work period. Don’t combine with meal breaks or take at shift start/end.
Can your employer make you stay on-site? You must be relieved of all duties. A bathroom break is not a rest break.
California Rest Break Requirements
Hours Worked in a Day | Number of PAID 10-min Rest Breaks Entitled |
Less than 3.5 hours | 0 |
3.5 to 6 hours | 1 |
More than 6 hours to 10 hours | 2 |
More than 10 hours to 14 hours | 3 |
Skipping Breaks? Rules Under Labor Laws in California
Can your employer make you skip breaks?
Meal Break Waivers: Generally, you can agree with your employer to waive your meal breaks under certain conditions. This must be done in writing in advance of taking the meal period. You must be told that you can revoke your consent at any time. For instance, you can agree to waive your first meal break if your shift is six hours or less. Similarly, you can agree to waive your second meal break if your shift is no more than 12 hours and you took your first meal break. California labor laws do not allow an employer to pressure, coerce, or otherwise discourage an employee from taking a meal break.
Voluntary and Revocable Waivers Waivers must be voluntary and must be in writing. You can cancel them anytime.
Can Rest Breaks Be Waived? No; employers must permit you to take your rest periods.
Boss Not Playing Fair?
Despite California’s clear obligation on employers to provide their employees with meal and rest breaks, violations happen. Watch for:
Working during breaks.
Short or interrupted breaks.
Pressure to skip breaks.
Late breaks.
Auto-deducting 30 minutes for breaks you didn’t get.
No breaks given at all.
Employers must provide breaks. Denied breaks? It’s like your paycheck doesn’t add up, and there are penalties.
Penalties for Denied Breaks
The “Premium Pay” Remedy
Missed meal break = 1 extra hour’s pay at your regular rate for that day.
Missed rest break(s) = 1 extra hour’s pay at your regular rate for that day.
Can Penalties Stack? Yes, they stack. Miss both meal and rest breaks in a day? Get up to 2 extra hours’ pay.
Premium Pay is Wages This extra pay is considered to be wages under California’s labor laws. You have 3 years from each violation to file a claim for premium pay. Calculated at your regular rate of pay.
Have Your Break Rights Been Violated?
If your break rights are violated:
1. Document Everything: Log hours, breaks (taken or not), work during breaks. Save pay stubs & messages.
2. Talk to Employer/HR (If Safe): A polite, written note might help.
3. File a Wage Claim: Claim premium pay with the CA Labor Commissioner (DLSE) – your right under labor laws in California. Info: CA Labor Commissioner’s Office.
4. Talk to a Lawyer: For ongoing/big violations or retaliation, a lawyer specializing in California’s labor laws can help.
No Retaliation: Labor laws in California protect you if you speak up (e.g., from firing, pay cuts). Report retaliation: CA Labor Commissioner’s Office.
Your Breaks Matter – Know Your Rights
California’s Labor laws strongly protect your break rights. You get specific meals and rest breaks. If violated, you’re owed extra pay. Watch out for your rights. If your employer ignores labor laws in California or retaliates, Valerian Law’s attorneys can help. Contact us for a free consultation.