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California break laws: meal and rest periods for employers

California has some of the strictest break rules in the country. Here’s when meal and rest periods are due, when they can be waived, what premium pay means and how to schedule a long shift around them.

Meal periods: timing and waivers

A nonexempt employee who works more than 5 hours in a day must get a meal period of at least 30 minutes (Labor Code §512). It has to start no later than the end of the fifth hour of work, which is the same as the start of the sixth hour (DIR meal period FAQ).

When the whole workday is no more than 6 hours, the employer and employee can waive that meal period by mutual consent (Labor Code §512).

Work of more than 10 hours in a day needs a second meal period of at least 30 minutes, starting no later than the end of the tenth hour (DIR meal period FAQ). If the day is no more than 12 hours, the second meal period can be waived by mutual consent, but only if the first one wasn’t waived (Labor Code §512).

To provide a meal period, the employer has to relieve the employee of all duty, give up control over their time and let them take an uninterrupted 30 minutes, without discouraging it (DIR meal period FAQ). If the employee isn’t relieved of all duty, the meal period is “on duty” and paid as hours worked. An on-duty meal period is allowed only when the nature of the work prevents relief from all duty and there is a written agreement that the employee can revoke in writing at any time (DIR meal period FAQ). If you require employees to stay on the premises during the meal period, it must be paid (DIR meal period FAQ).

Rest periods

Employers must authorize and permit a paid rest period of a net 10 minutes for every 4 hours worked or major fraction of 4 hours, taken in the middle of each work period as far as practicable (DIR rest period FAQ). The Labor Commissioner treats anything more than 2 hours as a major fraction, and no rest period is required when total daily work time is less than three and a half hours (DIR rest period FAQ).

Rest periods by hours worked in a day, under the major-fraction rule in the DIR rest period FAQ
Hours workedPaid 10-minute rest periods
Less than 3½0
3½ up to 61
More than 6, up to 102
More than 10, up to 143

Rest periods are counted as time worked, so they stay paid (DIR rest period FAQ). During a rest period the employee must be relieved of all duties, so you can’t keep them on call or on the radio, and you can’t require them to stay on the premises (DIR rest period FAQ). Working through rest periods doesn’t entitle an employee to leave early or arrive late (DIR rest period FAQ).

What “premium pay” means

If an employer doesn’t provide a required meal or rest period, the employee is owed one additional hour of pay at their regular rate of compensation for each workday it wasn’t provided (Labor Code §226.7). This is often called meal period or rest period premium pay.

The premium is counted per workday, not per break, and meal periods and rest periods are counted separately. The Labor Commissioner explains that missing all of a day’s rest periods still means one additional hour for that day, not one for each missed rest period (DIR rest period FAQ). A day with a missed meal period and a missed rest period can mean two additional hours: one for the meal period and one for the rest periods (United Parcel Service, Inc. v. Superior Court (2011)). The “regular rate of compensation” isn’t always the base hourly rate: the California Supreme Court held it also includes nondiscretionary pay, like many bonuses (Ferra v. Loews Hollywood Hotel (2021)). The additional hour isn’t counted as hours worked for overtime (DIR meal period FAQ). Employees can bring a claim for it within three years (DIR meal period FAQ).

This guide explains what premium pay is. It doesn’t work out what anyone is owed. Talk with your payroll provider or an employment attorney about a specific situation.

Scheduling around breaks: a sample 10-hour shift

Here’s one way to lay out a shift with 10 hours of work, using the timing rules above. It assumes a standard wage order with no special industry rules.

  1. 7:00 AM Clock in.
  2. 9:00 AM First paid 10-minute rest period, near the middle of the first 4 hours.
  3. 11:30 AM 30-minute unpaid meal period begins, before the end of the fifth hour of work at 12:00 PM. The employee is relieved of all duty.
  4. 12:00 PM Back to work after the meal period.
  5. 2:45 PM Second paid 10-minute rest period, near the middle of the afternoon.
  6. 5:30 PM Clock out: 10 hours worked, plus the 30-minute meal period.

If that day runs past 10 hours of work, it also needs a second 30-minute meal period by the end of the tenth hour, unless it’s validly waived (Labor Code §512), and a third rest period under the major-fraction rule (DIR rest period FAQ). Building those breaks into the schedule, instead of fitting them in when it’s quiet, makes it easier to give them on time.

Records to keep

California’s wage orders require time records showing when each employee begins and ends each work period, plus meal periods, split shift intervals and total daily hours. Meal periods during which operations cease and authorized rest periods don’t have to be recorded (IWC Order 5-2001, §7). Order 5-2001 covers the public housekeeping industry, which includes restaurants and hotels, and other industries’ wage orders have a matching records section.

Accurate meal punches matter. In Donohue v. AMN Services (2021), the California Supreme Court held that employers can’t round meal period time punches, and that time records showing missed, short or late meal periods create a rebuttable presumption of a violation. So record the actual start and end of each meal period, and note the reason when a break is late, short or missed.

Exceptions to check

The rules above are the general ones. Some industries have their own: the motion picture industry has different meal timing (DIR meal period FAQ), construction and some other industries can stagger rest periods (DIR rest period FAQ), and certain employees covered by qualifying union agreements have different meal period terms (Labor Code §512). Exempt employees generally aren’t covered. Check the wage order for your industry.

How PunchOutPayroll helps

PunchOutPayroll doesn’t decide which California rules apply to you, and it doesn’t work out premium pay. It keeps breaks on the record. Employees start and end breaks from the time clock on their phones, and if a break looks short or missing, they’re asked what happened and the answer is saved with the day. See break tracking. To plan breaks ahead, build shifts with employee scheduling, and check a week of hours with our free time card calculator. For other states, see break laws by state.

Sources and further reading

General information, not legal advice. Labor rules change and vary by state and city. Check your state labor department or talk with an employment attorney about your situation.

Frequently asked questions

When does a meal break have to start in California?

Generally no later than the end of the fifth hour of work, for anyone working more than 5 hours in a day. A second meal period has to start by the end of the tenth hour when the day runs more than 10 hours.

Can an employee waive their meal break in California?

Only in limited cases. The first meal period can be waived by mutual consent when the workday is no more than 6 hours. The second can be waived when the day is no more than 12 hours, and only if the first wasn’t waived.

How many breaks are required for an 8-hour shift in California?

Generally one 30-minute meal period and two paid 10-minute rest periods.

How many breaks are required for a 10-hour shift in California?

For exactly 10 hours of work, generally one 30-minute meal period and two paid 10-minute rest periods. Past 10 hours, a second meal period and a third rest period are generally required.

Are rest breaks paid in California?

Yes. Rest periods count as time worked, so they are paid.

What is meal or rest period premium pay?

One additional hour of pay at the employee’s regular rate of compensation for each workday a required meal period wasn’t provided, and one more for each workday a required rest period wasn’t provided, under Labor Code section 226.7. So a day can carry up to two.

Can an employee skip rest breaks to leave early?

No. The Labor Commissioner says working through rest periods doesn’t entitle an employee to leave early or arrive late.

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