Compliance guide
Meal & rest break requirements
California Labor Code §512 and §226.7 require specific meal and rest breaks based on shift length, and a premium payment when they're missed.
Meal breaks
- A first, unpaid meal break of at least 30 minutes is required once a shift runs past 5 hours, and must start before the 5-hour mark. It can be waived by mutual agreement only if the total shift is 6 hours or less.
- A second meal break is required once a shift runs past 10 hours. It can be waived only if the shift is under 12 hours and the first meal break wasn't already waived.
Rest breaks
A paid, 10-minute rest break is required for every 4 hours worked, or major fraction thereof, on any shift of 3.5 hours or more. In practice, that means roughly one rest break per 4-hour block of the shift.
What a missed break costs
If a required meal break isn't provided, the employer owes one additional hour of pay at the employee's regular rate for that workday. The same applies separately for a missed rest break — one additional hour of pay. These are typically treated as capped at one meal-break premium and one rest-break premium per workday, regardless of how many individual breaks were missed that day.
This page is for general informational purposes and reflects our understanding of California law as of this writing — it isn't legal advice. Labor law changes and specific situations vary; consult an employment attorney for guidance for your business.