California Meal & Rest Break Laws: Employee Rights FAQ

Under California Labor Code Section 512, employers must provide employees who work more than five hours per day with an uninterrupted 30-minute meal period. This meal break must begin before the end of the fifth hour of work. For shifts exceeding 10 hours, a second 30-minute meal period is required, which must begin before the end of the tenth hour.

During meal periods, employees must be relieved of all duties and free to leave the premises. The employer cannot exercise control over the employee's activities during this time. If an employer fails to provide a compliant meal period, the employee is entitled to one additional hour of pay at their regular rate of compensation.

Yes, California law allows meal period waivers under specific circumstances. If your total work period does not exceed six hours, you and your employer may mutually agree to waive your first meal period. This waiver must be voluntary and can be revoked at any time.

For the second meal period on shifts exceeding 10 hours, a waiver is only permitted if the total hours worked do not exceed 12 hours AND you did not waive your first meal period. Importantly, the waiver must be truly voluntary - your employer cannot coerce or pressure you into waiving your meal break. Any waiver agreement should be documented in writing to protect both parties.

California employees are entitled to a paid 10-minute rest period for every four hours worked, or major fraction thereof. Rest breaks should be taken in the middle of each four-hour work period when practicable. Unlike meal breaks, rest periods are paid time and employees must remain on the premises.

For a standard 8-hour shift, employees are entitled to two 10-minute rest breaks. The breakdown is as follows:

• Shifts of 3.5 to 6 hours: one 10-minute rest break
• Shifts of 6 to 10 hours: two 10-minute rest breaks
• Shifts of 10 to 14 hours: three 10-minute rest breaks

If an employer fails to authorize and permit a rest period, the employee is entitled to one additional hour of pay at their regular rate.

Under California Labor Code Section 226.7, employers who fail to provide required meal or rest breaks must pay employees one additional hour of pay at the employee's regular rate of compensation for each workday that a meal period is not provided, and an additional hour of pay for each workday that a rest period is not provided.

This means an employee can recover up to two hours of premium pay per day if denied both a meal and rest break. These penalties are considered wages under California law, meaning they are subject to waiting time penalties under Labor Code 203 if not paid upon separation. Additionally, the three-year statute of limitations for wage claims applies to meal and rest break violations.

For a meal period to be compliant under California law, employees must be completely relieved of all duties during the entire 30-minute period. This means the employer cannot require employees to remain on-call, monitor phones or radios, respond to customer inquiries, or perform any work-related tasks.

The California Supreme Court in Brinker Restaurant Corp. v. Superior Court clarified that employers must provide the opportunity for an uninterrupted meal break but are not required to police whether employees actually take it. However, if the employer knows or has reason to know an employee is working through a meal break without taking any action, this may constitute a violation.

Employees must be free to leave the premises during meal periods unless the nature of the work prevents this.

An on-duty meal period is a paid meal break where the employee continues to work while eating. California law only permits on-duty meal periods when the nature of the work prevents an employee from being relieved of all duties, AND both the employer and employee agree in writing to the on-duty meal period arrangement.

The written agreement must state that the employee may revoke the agreement at any time in writing. Industries where on-duty meal periods may be appropriate include:

• Security guards working alone
• Single-coverage convenience store employees
• Workers in remote locations

On-duty meal periods are the exception, not the rule, and employers cannot use them simply for convenience or to avoid providing compliant off-duty meal breaks.

Meal and rest break premium pay is calculated at your regular rate of compensation, which includes your base hourly wage plus any additional compensation such as non-discretionary bonuses, shift differentials, and commissions when averaged over the pay period.

For each workday you are denied a compliant meal break, you are owed one hour of premium pay. For each workday you are denied a compliant rest break, you are owed an additional hour of premium pay. If denied both on the same day, you can recover two hours of premium pay for that day.

For example, if your regular rate is $20 per hour and you were denied meal breaks for 10 workdays and rest breaks for 5 workdays, you would be owed $200 for meal break violations plus $100 for rest break violations, totaling $300 in premium pay.

The statute of limitations for meal and rest break claims in California is three years under Code of Civil Procedure Section 338. This means you can recover premium pay for meal and rest break violations that occurred within three years prior to filing your claim.

If you file with the California Labor Commissioner (DLSE), the three-year period is calculated from the date you file your wage claim. If you file a civil lawsuit, it is calculated from the date the lawsuit is filed.

Additionally, if you file a claim under the Private Attorneys General Act (PAGA), you may be able to recover civil penalties for violations going back one year from the date of filing. It is important to act promptly to preserve your rights and maximize your potential recovery.

No, California's meal and rest break requirements generally do not apply to employees who are properly classified as exempt under the executive, administrative, or professional exemptions. However, the exemption must be legitimate - simply being paid a salary does not make an employee exempt.

To qualify as exempt, the employee must:

• Earn a monthly salary of at least twice the state minimum wage for full-time employment
• Have primary duties involving exempt work such as managing others, exercising discretion on significant matters, or performing work requiring advanced knowledge

Misclassified employees who are incorrectly treated as exempt retain full meal and rest break rights and can recover premium pay for violations. If you believe you are misclassified, consult with an employment attorney to evaluate your situation.

To file a meal and rest break claim with the California Division of Labor Standards Enforcement (DLSE), you can submit a wage claim online, by mail, or in person at any DLSE office. Your claim should include:

• Your personal information and employer information
• A description of the violations
• Dates of the violations
• Your calculation of wages owed

Gather documentation such as pay stubs, time records, work schedules, and any written policies regarding breaks. After filing, the DLSE will review your claim and may schedule a settlement conference between you and your employer. If the dispute is not resolved, a formal hearing before a Deputy Labor Commissioner will be scheduled.

You have the right to be represented by an attorney at the hearing. The DLSE process is free and designed to be accessible without requiring legal representation, though complex cases may benefit from attorney involvement.