California Meal & Rest Break Calculator
Calculate Your California Meal & Rest Breaks
The California Meal and Rest Break Law is a set of regulations designed to ensure that employees have adequate time to rest and eat during their workday, promoting health, safety, and productivity. These laws are part of the broader labor code in California, which is known for its employee-friendly policies.
Below, you can calculate your meal and rest break times by entering your start time, end time, and the duration of your meal breaks during your shift.
In California, non-exempt employees (typically hourly workers) are entitled to meal and rest breaks under strict labor laws designed to protect worker well-being. These rules, enforced by the California Labor Commissioner, stem primarily from the California Labor Code and Industrial Welfare Commission (IWC) Wage Orders.
Meal Break Rules (Labor Code § 512):
- Employees working over 5 hours in a day must receive a 30-minute, unpaid, off-duty meal break, starting before the end of the fifth hour of work.
- A second 30-minute meal break is required for shifts exceeding 10 hours, starting before the end of the tenth hour.
- During meal breaks, employees must be fully relieved of duties and free to leave the workplace. If not, the break is considered “on-duty” and must be paid.
- Employees and employers can mutually agree to waive the first meal break for shifts of 6 hours or less, or the second for shifts of 12 hours or less (if the first wasn’t waived), per Labor Code § 512(a).
- On-duty meal breaks are allowed only in specific cases (e.g., when the job prevents relief, like a sole worker), with written consent that employees can revoke (IWC Wage Order 5-2001, § 11).
Non-compliance results in a penalty of one hour of pay at the employee’s regular rate per workday for each missed or non-compliant meal break (Labor Code § 226.7).
Rest Break Rules (IWC Wage Orders, e.g., § 12 of Wage Order 5-2001):
- Employees are entitled to a 10-minute paid, off-duty rest break for every 4 hours worked, or a “major fraction” (over 2 hours). For example, a 6-hour shift requires two rest breaks.
- Breaks should occur roughly in the middle of each 4-hour work period, though timing can vary based on workplace needs.
- Employees must be free from work duties and not required to stay on-site or “on call.”
- Employers must provide a suitable rest area, distinct from work areas or restrooms.
Failure to provide rest breaks triggers a one-hour pay penalty per workday per violation (Labor Code § 226.7).
Frequently Asked Questions
What are the meal break requirements in California?
Employees working over 5 hours must get a 30-minute, uninterrupted, off-duty meal break before the 5th hour ends. A second 30-minute meal break is required for shifts over 10 hours, before the 10th hour ends. Employees must be relieved of duties and free to leave. If work prevents an off-duty break, a paid on-duty meal period can be agreed upon in writing. [California Labor Code § 512; Wage Orders]
What are the rest break requirements?
Do meal and rest breaks need to be paid?
What happens if an employer doesn’t provide required breaks?
If an employer fails to provide a compliant meal or rest break, they must pay one extra hour of the employee’s regular pay per workday for each missed or non-compliant break. This applies separately to meal and rest breaks, up to 2 hours of premium pay daily. [Labor Code § 226.7(c)]
Can employees waive meal breaks?
Are there exceptions for certain industries or employees?
Certain industries, such as construction, healthcare, or unionized workplaces, may have exemptions or adjusted rules under specific Wage Orders or collective bargaining agreements. For instance, healthcare workers can waive second meal breaks under certain conditions. Exempt employees, like salaried professionals meeting specific criteria, are not entitled to mandated breaks. [Wage Orders 4, 5; Labor Code § 512(e)-(f)]
How must employers document or schedule breaks?
Employers must provide rest breaks without needing to document them, but meal breaks should be recorded (e.g., start/end times) to demonstrate compliance. Employers must maintain policies that authorize and permit breaks, ensuring employees are not discouraged from taking them. [Brinker decision]
Can employees combine meal and rest breaks or skip them to leave early?
Breaks can’t be combined or skipped to shorten the workday unless a meal break is properly waived. Employees must take required breaks, and employers must ensure compliance. [Brinker]
What constitutes an “interrupted” break?
If an employee’s break is interrupted by work tasks (like answering calls or assisting customers) or they can’t leave the premises for a meal break, they’re entitled to premium pay. [Augustus v. ABM Security Services (2016)]
How do employees enforce their break rights?
Employees can file a wage claim with the California Labor Commissioner or sue for unpaid wages, premiums, or penalties. Claims may also cover unfair business practices or waiting-time penalties for terminated workers. [Labor Code § 218, 203]
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