Whether you work a 12-hour shift at a refinery, a double at a restaurant in Redondo Beach, or a long day on a hospital floor in Torrance, California law gives you the right to stop working and take a break. These rules are some of the most frequently violated in the state, often because employers are understaffed, schedules are tight, or managers simply expect people to keep working.
This guide explains the basic meal and rest break rules for non-exempt employees in California, what employers have to do, and what happens when breaks are missed.
Where the Rules Come From
California’s break requirements come mainly from Labor Code sections 226.7 and 512 and from the Industrial Welfare Commission (IWC) wage orders, which set rules for specific industries. The wage order that applies to you depends on your employer’s industry. Most of the core rules are the same across wage orders, but some industries, such as health care, have specific variations. The rules below apply to most non-exempt (hourly) employees.
Meal Break Rules
When You Are Entitled to a Meal Break
- Shifts over 5 hours: you are entitled to one unpaid, uninterrupted 30-minute meal period, starting no later than the end of your fifth hour of work.
- Shifts of 6 hours or less: the first meal period can be waived if you and your employer both agree.
- Shifts over 10 hours: you are entitled to a second 30-minute meal period, starting no later than the end of your tenth hour of work.
- Shifts of 12 hours or less: the second meal period can be waived by mutual agreement, but only if the first meal period was not waived.
What “Duty-Free” Means
In Brinker Restaurant Corp. v. Superior Court (2012), the California Supreme Court held that employers must provide meal periods by relieving employees of all duty, giving up control over their activities, and allowing a reasonable opportunity to take an uninterrupted 30-minute break. Employers do not have to force employees to take the break, but they cannot discourage it, pressure employees to skip it, or create conditions that make taking it impractical.
If you are expected to answer the phone, watch a station, or stay available while eating, that is generally not a compliant meal period. Time you spend working is also time that must be paid.
On-Duty Meal Periods
An “on-duty” meal period is allowed only in limited situations: when the nature of the work prevents the employee from being relieved of all duty, and the employee and employer agree in writing. The employee can revoke that agreement in writing at any time, and an on-duty meal period must be paid.
Rest Break Rules
How Many Rest Breaks You Get
Under the wage orders, employees are entitled to a paid 10-minute rest period for every 4 hours worked or “major fraction” of 4 hours. In practice, that usually works out to:
- Less than 3.5 hours: no rest break required
- 3.5 to 6 hours: one 10-minute rest break
- More than 6 and up to 10 hours: two rest breaks
- More than 10 and up to 14 hours: three rest breaks
Rest breaks should be taken in the middle of each work period insofar as practicable. Rest breaks are paid time and count as hours worked, so your employer may not deduct them from your pay.
No “On-Call” Rest Breaks
In Augustus v. ABM Security Services, Inc. (2016), the California Supreme Court held that during rest periods, employers must relieve employees of all duties and give up control over how they spend their time. Requiring employees to keep a radio on, stay on call, or respond to calls during a rest break generally does not comply with the law.
What Your Employer Owes When a Break Is Missed
When an employer fails to provide a compliant meal or rest break, Labor Code section 226.7 requires it to pay one additional hour of pay at the employee’s regular rate of compensation for each workday the violation occurs. An employee can receive up to one premium per workday for meal period violations and one per workday for rest period violations.
In Ferra v. Loews Hollywood Hotel, LLC (2021), the California Supreme Court held that the “regular rate of compensation” for break premiums is the same as the regular rate used for overtime. That means it includes non-discretionary pay such as certain bonuses and shift differentials, not just the base hourly wage.
A meal period that starts late (after the fifth hour), is cut short, or is interrupted can trigger a premium, not only a break that is skipped entirely. In Naranjo v. Spectrum Security Services, Inc. (2022), the California Supreme Court held that break premiums are wages, which means unpaid premiums can support additional claims for inaccurate wage statements and late final pay.
Records and Time Rounding
Employers must keep accurate records of when meal periods start and end. In Donohue v. AMN Services, LLC (2021), the California Supreme Court held that employers cannot round meal period time punches, and that time records showing missed, short, or late meal periods create a rebuttable presumption of a violation. If your timecard shows a short or late meal break and no premium appears on your pay stub, that is worth looking into.
Other Breaks California Workers May Be Entitled To
- Lactation breaks: employers must provide reasonable break time and a private space, other than a bathroom, for employees to express breast milk (Labor Code sections 1030 through 1034).
- Heat recovery periods: workers in outdoor and certain indoor workplaces covered by Cal/OSHA heat illness rules have the right to take cool-down rest when needed to prevent overheating. Missing a required recovery period can also trigger a premium under section 226.7.
Exceptions to Be Aware Of
Exempt employees, such as properly classified executives, administrators, and professionals, are not covered by these rules. Some employees covered by qualifying collective bargaining agreements in certain industries, such as construction, commercial driving, and security services, may have different meal period rules under Labor Code section 512. Being called exempt or paid a salary does not by itself make you exempt, so misclassified employees may be owed break premiums too.
What to Do If You Are Not Getting Your Breaks
- Keep your own notes of missed, late, short, or interrupted breaks, including dates and what prevented the break.
- Save pay stubs and schedules, and request your time and payroll records in writing.
- Note any instructions from managers discouraging breaks, including texts or group messages.
- Remember that retaliation for raising wage issues is illegal (Labor Code section 98.6).
Claims for unpaid break premiums are generally subject to a three-year statute of limitations, and in some cases a four-year period under California’s Unfair Competition Law. Because each workday can be a separate violation, waiting can reduce what you are able to recover.
Talk to Our Torrance Office
Rastegar Law Group has represented California workers in wage and hour matters since 1991, including meal and rest break claims for individuals and groups of employees. If you work in Torrance or elsewhere in the South Bay, visit us at 22760 Hawthorne Boulevard, Suite 200, Torrance, CA 90505, Monday through Friday from 9:00 a.m. to 6:00 p.m., or meet by video. Consultations are free and confidential, in English, Spanish, or Farsi, and we handle cases on a contingency fee basis. Call (310) 961-9600 or contact us online. Learn more on our Torrance wage and hour page.
This content is for informational purposes and is not legal advice. Reading it does not create an attorney-client relationship. Laws change, and the rules that apply depend on your specific facts.
