Break Laws in California
California has meal and rest break requirements
California has some of the most comprehensive break laws in the country. Both meal and rest break violations carry premium pay penalties. Employers cannot require employees to remain on premises during meal breaks.
Break requirements
| Meal break required? | Yes |
|---|---|
| Meal break duration | 30 minutes |
| Meal break trigger | After 5 hours worked |
| Meal break paid? | No |
| Second meal break | Required for shifts over 10 hours |
| Meal break details | Employees working more than 5 hours must receive a 30-minute unpaid meal break. A second 30-minute meal break is required for shifts exceeding 10 hours. The employee must be relieved of all duties. If the employer fails to provide a compliant meal break, the employee is entitled to one additional hour of pay at the regular rate. |
| Rest break required? | Yes |
| Rest break duration | 10 minutes |
| Rest break frequency | Every 4 hours (or major fraction thereof) |
| Rest break paid? | Yes |
| Rest break details | Employees are entitled to a paid 10-minute rest break for every 4 hours worked (or major fraction thereof). Rest breaks should be in the middle of each work period as practicable. If the employer fails to provide a rest break, the employee is entitled to one additional hour of pay. |
| Statute | Cal. Labor Code SS 226.7, 512; IWC Wage Orders |
Break Laws in California: what you need to know
California requires employers to provide both meal breaks and rest breaks to employees. California has some of the most comprehensive break laws in the country. Both meal and rest break violations carry premium pay penalties. Employers cannot require employees to remain on premises during meal breaks. Having both requirements gives California workers stronger protections than most states, where one or both types of breaks are left to employer discretion.
For meal breaks, California law requires 30 minutes for shifts of a specified length hours or more. This break is typically unpaid if the employee is completely relieved of duties. Employees working more than 5 hours must receive a 30-minute unpaid meal break. A second 30-minute meal break is required for shifts exceeding 10 hours. The employee must be relieved of all duties. If the employer fails to provide a compliant meal break, the employee is entitled to one additional hour of pay at the regular rate.
For rest breaks, California requires 10 minutes for every 4 hours worked. Rest breaks must be paid. Employees are entitled to a paid 10-minute rest break for every 4 hours worked (or major fraction thereof). Rest breaks should be in the middle of each work period as practicable. If the employer fails to provide a rest break, the employee is entitled to one additional hour of pay.
For California workers, understanding your break rights is important for daily quality of life. If your employer violates California's break law, you may be entitled to additional compensation or penalties. Workers in physically demanding jobs, healthcare, and retail are particularly affected by break policies because fatigue from continuous work can affect both performance and safety.
It is also worth noting that some California workers may be covered by industry-specific regulations even if the state lacks a general break law. For example, commercial drivers are subject to federal Hours of Service regulations that require rest periods. Healthcare workers may have facility-specific policies mandated by accreditation standards. And workers under 18 are often subject to stricter break requirements under child labor laws, even in states that do not require breaks for adults.
More California workplace laws
Check other workplace law topics for California:
Frequently asked questions about break laws in California
Yes. California requires a meal break of 30 minutes for qualifying shifts.
Yes. California requires paid rest breaks.
If California law requires a meal break and your employer requires you to work through it, you may be entitled to additional compensation or penalties.
Most states, including California, have separate break requirements for workers under 18 under child labor laws. These requirements are typically stricter than adult break laws. If you are a minor worker, check California's child labor laws for your specific break rights.
Document the violations and file a complaint with the California Department of Labor. You may be entitled to additional pay or penalties for missed breaks.