California labor law provides clear and strict requirements for meal and rest breaks to protect employees’ health, well-being, and productivity. Employers must provide these breaks to ensure fair working conditions and avoid penalties. Understanding your rights can help you recognize when your employer may be violating the law and whether you may be entitled to compensation.

Meal Break Requirements

Under California law, non-exempt (hourly) employees are entitled to an unpaid, off-duty meal break under the following conditions:

• First Meal Break: If you work more than 5 hours in a day, your employer must provide a 30-minute unpaid meal break.
• Second Meal Break: If you work more than 10 hours in a day, you are entitled to a second 30-minute unpaid meal break.
• Waivers: You may waive the first meal break if your total shift is 6 hours or less. The second meal break may be waived only if the shift does not exceed 12 hours and the first meal break was not waived.

Meal breaks must be off-duty, meaning you must be relieved of all work duties during this time. If your employer requires you to remain on duty, the meal period must be paid.

Rest Break Requirements

California law also mandates paid rest breaks based on the number of hours worked:

• Employees must receive a 10-minute paid rest break for every 4 hours worked or a “major fraction” thereof (typically anything over 2 hours).
• If you work more than 6 hours, you are entitled to at least two 10-minute rest breaks during your shift.
• Rest breaks must be duty-free and should ideally be taken near the middle of the work period.

Unlike meal breaks, rest breaks are paid and should not be waived or combined with meal breaks.

What Happens If Your Employer Fails to Provide Breaks?

If your employer fails to provide a legally required meal or rest break, you are entitled to an additional one hour of pay at your regular rate for each day a break was not provided. This is known as a “meal or rest break premium.” You may also be entitled to additional compensation if the issue persists.

Common Violations by Employers

• Not allowing employees to take breaks at all
• Requiring employees to remain on-duty during breaks
• Failing to pay for missed rest breaks
• Not providing a second meal break for shifts over 10 hours

Protecting Your Rights

If you believe your employer has failed to provide proper meal or rest breaks, you may have a claim under California labor law. It’s important to document your hours and break times and speak with an experienced employment attorney to explore your legal options.

Contact a California Wage and Hour Attorney

The California Labor Law Employment Attorneys Group is committed to protecting workers’ rights. We help employees recover unpaid wages and penalties due to meal and rest break violations. We offer free consultations and work on a contingency basis, meaning you don’t pay unless we win. Contact us today to discuss your case.