Meal and rest break laws in California
Short answer
If you work more than 5 hours in a day, your employer must provide a meal break of at least 30 minutes, and a second one if you work more than 10 hours. Rest breaks are 10 minutes for every 4 hours worked "or major fraction thereof." For each workday a required break is not provided, the employer owes one extra hour of pay.
Check your situation
Under Wage Order 4 and most others, how long is your workday?
"A rest period need not be authorized for employees whose total daily work time is less than three and one-half" hours. A meal break is required only for "a work period of more than five hours per day."
Rest time is "ten (10) minutes net rest time per four (4) hours or major fraction thereof." The regulation does not define "major fraction." The Labor Commissioner says: "The Division of Labor Standards Enforcement (DLSE) considers anything more than two hours to be a 'major fraction' of four." Counted that way, this is one rest break. No meal break is required for 5 hours or less.
A meal break of at least 30 minutes is required after more than five hours. Because the "total work period per day" is "no more than six hours," the meal break "may be waived by mutual consent of both the employer and employee." Rest breaks: the Labor Commissioner counts "anything more than two hours" as a "major fraction" of four, which gives one.
The meal break can be waived only when the day is "no more than six hours," so it cannot be waived here. Rest breaks: the Labor Commissioner counts "anything more than two hours" as a "major fraction" of four, which gives two.
A second meal break is required after more than 10 hours. Because the day is "no more than 12 hours," the second one "may be waived by mutual consent" but "only if the first meal period was not waived." Rest breaks: the Labor Commissioner counts "anything more than two hours" as a "major fraction" of four, which gives three.
Over 12 hours, the statute gives no waiver for the second meal break. Health care workers on shifts over 8 hours may waive one of the two in a signed written agreement (Wage Order 4, section 11(D)). Rest breaks: the Labor Commissioner counts "anything more than two hours" as a "major fraction" of four, which gives three up to 14 hours and four for more than 14 hours, up to 18.
What the law says
Meal breaks. An employer “shall not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes.” If you work more than 10 hours, you get “a second meal period of not less than 30 minutes” (Labor Code § 512(a)).
A meal break can be skipped only by “mutual consent,” meaning you and your employer both agree:
- the first one, only if your day is “no more than six hours”;
- the second one, only if your day is “no more than 12 hours,” and “only if the first meal period was not waived.”
Rest breaks. Rest breaks come from your industry’s wage order. This guide quotes Wage Order 4, which covers professional, technical, clerical, mechanical and similar jobs. Your employer must “authorize and permit” rest breaks of “ten (10) minutes net rest time per four (4) hours or major fraction thereof.” They should fall “in the middle of each work period” where practical. No rest break is required if your total work time is “less than three and one-half” hours in a day (8 CCR § 11040, section 12(A)). The regulation does not define “major fraction.” The Labor Commissioner, which enforces it, says: “The Division of Labor Standards Enforcement (DLSE) considers anything more than two hours to be a ‘major fraction’ of four.”
If a break is not provided. The employer “shall pay the employee one additional hour of pay at the employee’s regular rate of compensation for each workday that the meal or rest or recovery period is not provided” (§ 226.7(c)). An employer “shall not require an employee to work during a meal or rest or recovery period” (§ 226.7(b)).
The details
Rest breaks are paid. Rest break time “shall be counted as hours worked for which there shall be no deduction from wages” (Wage Order 4, section 12(A); § 226.7(d)).
Meal breaks are unpaid only if you are off duty. “Unless the employee is relieved of all duty during a 30 minute meal period, the meal period shall be considered an ‘on duty’ meal period and counted as time worked” (Wage Order 4, section 11(A)).
On-duty meal breaks. An on-duty meal break is allowed only “when the nature of the work prevents an employee from being relieved of all duty” and you agree to it in writing. Whether it is allowed in your job depends on that fact: does “the nature of the work” prevent it? The written agreement must say you may “revoke the agreement at any time,” in writing (Wage Order 4, section 11(A)).
Missed meal and missed rest breaks. The wage order has one rule for missed meal breaks and a separate rule for missed rest breaks. Each says the employer pays “one (1) hour of pay at the employee’s regular rate of compensation for each workday” that break is not provided (Wage Order 4, sections 11(B) and 12(B)).
Heat recovery. The extra hour of pay also covers a missed “recovery period,” which means “a cooldown period afforded an employee to prevent heat illness” (§ 226.7(a)).
Who is not covered. Wage Order 4’s meal and rest sections do not apply to employees “employed in administrative, executive, or professional capacities” who meet its exemption tests (section 1(A)).
Exceptions the law names. Section 512 has special rules for some workers covered by qualifying union contracts: wholesale bakers, motion picture and broadcasting workers, construction workers, commercial drivers, registered security officers, and employees of electric, gas and water utilities (§ 512(c) to (f)). From January 1, 2027, a change to § 512 (AB 2078, Stats. 2026, ch. 287) adds an employee “who performs building maintenance work as a stationary engineer” to that list. Health care workers on shifts over 8 hours may waive one of two meal breaks in a signed written agreement (Wage Order 4, section 11(D); § 516(b)). Security officers have a special rest break rule in § 226.7(f), which applies only under a qualifying union contract. That rule ends soon: the section “shall remain in effect only until January 1, 2027, and as of that date is repealed” (§ 226.7(g)). The version that takes effect then has no security-officer rule.
Other wage orders. Other wage orders cover other industries, and some word their break rules differently. For example, Wage Order 16 (on-site construction, drilling, logging and mining) lets an employer stagger rest breaks “to avoid interruption in the flow of work” (8 CCR § 11160, section 11(A)). Check the order that covers your job.
What to do next
- Write down your breaks. The Labor Commissioner says to write down “when you take meal and rest breaks or heat recovery breaks,” along with your start and end times.
- Check your pay stubs. Look for the extra hour of pay on days you missed a break.
- File a wage claim if break pay was not paid. The Labor Commissioner’s Office takes wage claims online, by email, by mail or in person. Its page says to file “Within three years for violations of minimum wage, overtime, unpaid rest and meal breaks.”
- Know that complaining is protected. An employer may not fire or retaliate against you because you “made a written or oral complaint that they are owed unpaid wages” (§ 98.6(a)).
This guide covers California state law. It is legal information, not legal advice.
Sources
- Labor Code § 512, Meal periods
- 8 CCR § 11040 (Wage Order 4), sections 1, 11 and 12, Meal periods, rest periods and exemptions under the wage order
- 8 CCR § 11160 (Wage Order 16), section 11, Rest periods for on-site construction, drilling, logging and mining
- Labor Commissioner, Rest Periods FAQ, Rest periods and the meaning of "major fraction"
- Labor Code § 226.7, No work during breaks; one extra hour of pay
- Labor Code § 516, Health care meal break waivers
- Labor Code § 98.6, Protection for complaining about unpaid wages
- Labor Commissioner, How to File a Wage Claim, How to file a wage claim, and filing deadlines