What is the California meal break penalty under Labor Code 226.7?

Under California Labor Code 226.7, when an employer fails to provide a compliant meal break, the employee is entitled to one additional hour of pay at their regular rate for each workday the meal period was not provided. This is often called 'meal break premium pay.'

When am I entitled to a meal break in California?

California employees are entitled to a 30-minute unpaid meal break if they work more than 5 hours in a day. A second 30-minute meal break is required if you work more than 10 hours. The first meal break must begin before the end of the 5th hour, and the second before the end of the 10th hour.

What are California rest break requirements?

California employees are entitled to a paid 10-minute rest break for every 4 hours worked (or major fraction thereof). This means: 3.5-6 hours = 1 rest break, 6-10 hours = 2 rest breaks, 10-14 hours = 3 rest breaks. Rest breaks should be in the middle of each work period when practicable.

What is the statute of limitations for meal and rest break claims?

The statute of limitations is 3 years from the date of the violation under California Code of Civil Procedure 338. For claims filed through the Labor Commissioner, you can recover penalties for violations going back 3 years from the date you file.

California Meal & Rest Break Penalty Calculator 2026 | Labor Code 226.7

Q: Can I get both meal and rest break penalties for the same day?

Yes. Under California law, meal break and rest break penalties are separate. If your employer violates both on the same day, you are entitled to 2 hours of premium pay (1 hour for the meal violation + 1 hour for the rest violation). However, you can only receive one meal premium and one rest premium per day, regardless of how many breaks were missed.

📝 Your Information

Your Regular Hourly Rate

If salaried: annual salary ÷ 52 ÷ 40 = hourly rate

Average Hours Worked Per Day 8 hours

This determines how many breaks you're entitled to

Days Worked Per Week

Weeks of Violations

How many weeks did violations occur? (Max 156 weeks = 3 years SOL)

Types of Violations (check all that apply)

🍽 Meal Break Violations

Not provided 30-min meal break, late meal (after 5th hour), interrupted/on-duty meal

☕ Rest Break Violations

Not provided 10-min rest breaks, rest breaks cut short, required to stay on premises

🍽🍽 Second Meal Break Violations

Worked 10+ hours but wasn't given second 30-min meal break

Violation Frequency Every day (100%)

How often did violations occur? 100% = every workday

💰 Your Estimated Penalties

⏱

Enter your information and click "Calculate Penalties" to see your estimated recovery.

California Meal & Rest Break Law

Labor Code 512 - Meal Periods

California Labor Code section 512 requires employers to provide unpaid meal periods to non-exempt employees:

First meal break: 30 minutes if you work more than 5 hours
Second meal break: 30 minutes if you work more than 10 hours
Timing: First meal must begin before the end of the 5th hour; second before the end of the 10th hour
Waiver: First meal can be waived by mutual consent if shift is 6 hours or less; second can be waived if shift is 12 hours or less AND first meal was not waived

IWC Wage Orders - Rest Periods

California's Industrial Welfare Commission (IWC) Wage Orders require employers to provide paid rest periods:

Duration: 10 consecutive minutes per rest break
Frequency: One rest break per 4 hours worked (or major fraction thereof)
Timing: Should be in the middle of each work period, insofar as practicable
Paid: Rest periods are counted as time worked and must be paid

Labor Code 226.7 - Premium Pay

The Penalty: 1 Hour of Pay Per Violation Per Day

If an employer fails to provide a meal period or rest period in accordance with California law, the employer must pay the employee one additional hour of pay at the employee's regular rate for each workday the meal/rest period was not provided. Maximum of 1 meal premium + 1 rest premium = 2 hours per day.

Statute of Limitations

You have 3 years to file a claim for meal and rest break violations under Code of Civil Procedure 338. This means you can potentially recover up to 156 weeks of violations.

Break Requirements by Hours Worked

Rest Break Formula

One 10-minute rest break for every 4 hours worked, or "major fraction" thereof. A major fraction means more than half (i.e., more than 2 hours).

Quick Reference Chart

Hours Worked	Meal Breaks	Rest Breaks
3.5 - 5 hours	0	1
5 - 6 hours	1 (waivable)	1
6 - 8 hours	1	2
8 - 10 hours	1	2
10 - 12 hours	2	3
12 - 14 hours	2	3

What Makes a "Compliant" Meal Break?

30 full minutes: Must be uninterrupted for the full 30 minutes
Duty-free: Employee must be relieved of all duties
Free to leave: Employee must be free to leave the premises
Timely: Must begin before the end of the 5th hour (or 10th hour for second meal)

What Makes a "Compliant" Rest Break?

10 consecutive minutes: Cannot be broken up
Duty-free: Employee must be relieved of all duties
Employer-controlled: Employer cannot require employee to remain on call
Paid time: Rest breaks are paid time, not unpaid

Common Meal & Rest Break Violations

Meal Break Violations

Late Meal Break

Starting your meal break after the 5th hour has ended (e.g., taking lunch at 1:30pm when you started at 8:00am). Even 1 minute late triggers the penalty.

On-Duty Meal / Working Through Lunch

Being required to eat at your desk, answer phones, watch a station, or remain "on call" during your meal break. On-duty meals are only legal with a written agreement AND only in certain industries.

Short Meal Break

Getting only 20-25 minutes instead of the full 30 minutes. The break must be 30 uninterrupted minutes.

Auto-Deducted Without Break

Employer automatically deducts 30 minutes from your time but you didn't actually get to take a break, or you worked through it.

Rest Break Violations

No Rest Breaks Provided

Many employers simply don't offer rest breaks, especially in retail, food service, and healthcare.

Required to Stay On-Premises

While employers can require you to stay on-premises for rest breaks (unlike meal breaks), they cannot require you to stay at your work station or remain "on call."

Rest Breaks Denied Due to Workload

"We're too busy" or "we're short-staffed" are not valid excuses. If you're entitled to a rest break, it must be provided.

Industries with Highest Violation Rates

Retail: "You can't leave the floor" policies
Healthcare: Patient care demands, short staffing
Restaurants: Rush periods, no coverage
Warehouses: Production quotas, timing pressure
Security: Post coverage requirements
Call Centers: Call queue requirements

Frequently Asked Questions

Only in limited circumstances. You can waive your first meal break only if your total shift is 6 hours or less, and both you and your employer agree. You can waive your second meal break only if your shift is 12 hours or less AND you didn't waive your first meal break. The waiver should be in writing. Blanket waivers signed at hiring are generally not enforceable.

Generally no. California law requires employers to provide breaks, not to ensure you take them. If your employer has a policy allowing breaks, gives you the opportunity, and doesn't pressure you to skip them, you likely can't claim penalties. However, if there's implicit pressure (unrealistic workloads, disapproval for taking breaks), you may still have a claim.

Yes! Meal and rest break penalties are separate. If your employer violates both on the same day, you're entitled to 2 hours of premium pay: 1 hour for the meal violation + 1 hour for the rest violation. However, you can only get one meal premium per day regardless of how many meal breaks were missed, and one rest premium per day regardless of how many rest breaks were missed.

This is extremely common and very illegal. If your employer deducts meal break time but you actually work through it, you're entitled to: (1) the 30 minutes of wages they didn't pay you, (2) the 1-hour meal break premium, and (3) potentially overtime if the unpaid time pushes you over 8 hours/day or 40 hours/week. Keep records of when you actually worked vs. when breaks were deducted.

It depends on whether you're properly classified as "exempt." True exempt employees (managers who actually manage, professionals with independent judgment, etc.) are not entitled to meal and rest break protections. However, many "managers" are misclassified - if you spend more than 50% of your time doing non-managerial work, you may be entitled to breaks. This is a fact-specific analysis.

Your testimony alone can be sufficient. You don't need punch records or video. Courts and the Labor Commissioner accept employee testimony about work patterns. However, evidence helps: keep a personal log, save any texts/emails about skipped breaks, note coworkers who witnessed the same patterns. If your employer doesn't have accurate time records showing breaks, that actually helps your case.

For meal and rest break claims, many employment attorneys take cases on contingency (they get paid only if you win). This is often better than filing with the Labor Commissioner because: (1) attorneys can add other claims you might have (overtime, wage statements, etc.), (2) the process can be faster, (3) you may recover more.