California Meals and Breaks Regulations and Laws

California Labor Laws - Mandatory Lunch and Meal Breaks

California law provides that employees must receive a 30 minute meal break if they work in excess of five hours. During this time, the employee must be relieved of all duties because it cannot be a working lunch. If an employer fails to give a proper meal break, the employee can recover one hour of pay at their regular rate of pay for each day they are not provided a proper meal break.

There are exceptions to the rules regarding meal breaks. A bona fide "exempt" employee is not subject to this rule. If the work day is less than six hours, the employee can agree to waive the time period. In the health care industry, an employee can agree, in writing, to waive this meal period. Further, employees working under a collective bargaining agreement may not be subject to the rules regarding meal periods.

In some cases, an "on duty" meal break can be provided only when the nature of the job prevents the employee from being relieved of duty and if there is a written agreement between the employer and employee. The written agreement shall state that the employee may revoke the agreement at any time.

These rules only apply to employees in California. Federal law does not have a meal time requirement.

California Labor Laws - Mandatory Rest Breaks

California labor law requires that employees get rest breaks if they work over three and a half hours a day. These mandatory breaks must be in the middle of each work period and must be 10 minutes for every four hours worked or fraction thereof. Rest breaks are work time and the employee must be paid for them.

If an employer fails to provide an employee a rest period, the employee can recover one hour of pay for each work day that the rest period is not provided.

An exception to the rule is made for bona fide "exempt" employees. They are not subject to this rule.