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Meal Breaks and Rest Breaks > Meal Breaks

What Are California’s Meal Break Laws?

California generally requires employers to provide nonexempt employees an uninterrupted, duty-free meal period of at least 30 minutes when they work more than five hours in a workday. A second meal period is generally required when work exceeds 10 hours. Limited waivers and industry-specific exceptions may apply.

When Must Meal Breaks Begin?

  • First meal period: Generally must begin no later than the end of the fifth hour of work.
  • Second meal period: Generally must begin no later than the end of the tenth hour of work.

Employers must relieve employees of duties and provide a reasonable opportunity to take an uninterrupted break without discouraging or impeding it. A compliant off-duty meal period is generally unpaid.

Examples of Potential Meal Break Violations

  • Late meal periods: An employer schedules the first meal break after the fifth hour without an applicable exception or valid waiver.
  • Interrupted breaks: An employee must answer calls, assist customers, or perform other duties during an unpaid meal period.
  • Shortened breaks: A manager requires employees to return to work before receiving the full 30-minute period.
  • Missed second meals: An employee works more than 10 hours without a required second meal period or valid waiver.

Can Employees Waive a Meal Break?

The first meal period may generally be waived by mutual consent when the total workday does not exceed six hours. The second may generally be waived by mutual consent when the total workday does not exceed 12 hours and the first meal period was not waived.

What Happens if a Required Meal Break Is Not Provided?

An employer may owe one additional hour of pay at the employee’s regular rate for a workday when a required meal period was not provided. Working through a properly provided break voluntarily does not automatically establish a violation. The circumstances matter.

What Records May Help?

Preserve schedules, time records, pay statements, and relevant messages you are lawfully entitled to keep. Note when breaks began, how long they lasted, and any duties or interruptions.

Legal sources: California Labor Commissioner: Meal Period FAQs and Brinker Restaurant Corp. v. Superior Court (2012): Meal-Period Requirements.

Request a Free Case Review

Missing meal breaks or working through unpaid lunches? Matern Law Group can review your circumstances and explain your legal options.

California’s laws regarding employee meal breaks are designed to ensure that workers have adequate breaks for meals during their work shifts. These laws are among the most stringent in the United States and are enforced by the California Department of Industrial Relations. Here are the key provisions:
  • Meal Breaks Duration: Employees are entitled to a 30-minute unpaid meal break if they work more than 5 hours in a day. This break should be provided before the end of the fifth hour of work.
  • Second Meal Break: For workdays that exceed 10 hours, a second 30-minute unpaid meal break is required. This break must be provided before the end of the tenth hour of work.
  • Waiver of Meal Breaks: The first meal break can be waived by mutual consent of the employer and the employee if the total workday is no more than 6 hours. The second meal break can also be waived if the total hours worked is no more than 12 hours and the first meal break was not waived.
  • On-Duty Meal Breaks: Under specific conditions, meal breaks can be “on-duty” and thus paid. This is allowed if the nature of the work prevents an employee from being relieved of all duty and if the employer and the employee agree in writing. The agreement must include a clause stating that the employee may, in writing, revoke the agreement at any time.
  • Non-Compliance Penalty: If an employer fails to provide the required meal break, they must pay the employee one hour of pay at the employee’s regular rate for each workday that the meal break was not provided.
  • Record Keeping: Employers are required to keep records of the meal breaks provided to employees. Failure to maintain or falsify these records can lead to penalties.
These meal break provisions are intended to provide employees with necessary breaks for their health and well-being during the workday. It’s important for both employers and employees to understand these rules to ensure compliance and to protect the rights of workers in California. Note that specific industries might have additional or slightly different regulations, and updates to these laws can occur, so staying informed about the latest requirements is essential.

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Did You Know?

Shortened Meal Breaks
Employees are entitled to a 30-minute unpaid meal break if they work more than 5 hours in a day. This break should be provided before the end of the fifth hour of work.
Denying Meal Breaks
If an employer fails to provide the required meal break, they must pay the employee one hour of pay at the employee's regular rate for each workday that the meal break was not provided.

Is It Illegal, or Just Unfair?

Legal cases can be lengthy, complicated, and confusing, but you don’t have to take on the system all by yourself. If you believe someone has violated your individual rights, or the rights of a large group of people in your community, we can help you find the right course of action.

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