California Rest and Meal Breaks
What is the California Rest & Meal Break Law
The California Rest & Meal Break Law is designed to protect the rights of employees by ensuring they receive adequate breaks during their work shifts. Understanding this law is crucial for both employees and employers to ensure compliance and avoid potential violations.
Meal Breaks
Under California law, employees who work more than five hours are entitled to a 30-minute meal break. This meal break must occur no later than the end of the fifth hour of work. If an employee works more than ten hours, they are entitled to a second 30-minute meal break, which should be taken at least two hours after the first meal break. Importantly, these meal breaks must be unpaid, as long as the employee is relieved of all work duties during this time.
For employees whose total work hours do not exceed six hours, the meal break may be waived by mutual consent between the employer and the employee.
Rest Breaks
California law provides for paid rest breaks. Employees are entitled to a 10-minute paid rest break for every four hours worked, or major fraction thereof. This means employees who work more than two hours but less than six are entitled to one 10-minute break, while those working between six to ten hours are entitled to two 10-minute breaks. For shifts that exceed ten hours, employees are entitled to a third 10-minute break. These breaks should be taken in the middle of each work period to ensure that employees can rest and recharge effectively.
Key Regulations for Rest Breaks
These breaks are designed to promote employee well-being and productivity. Here are some key regulations associated with rest breaks:
- Timing and Location: Employers must provide reasonable accommodations for employees to take their breaks. The breaks should be scheduled near the midpoint of the work period whenever possible.
- Paid Breaks: Unlike meal breaks, rest breaks are paid. This means that employees must be compensated for their time during these ten-minute breaks.
- No Work During Breaks: Employees should not be required to perform any work duties during their rest breaks. Workers should be free to leave their workstation and engage in activities of their choosing.
Meal & Rest Break Compliance
The law is strict about compliance. Employers can’t pressure employees to skip breaks or “work through” them, even indirectly. Courts have consistently ruled that even minor interruptions—like requiring an employee to remain on-call during a meal break—violate the law. The penalties can stack, so if both a meal and rest break are missed, the employer owes two hours of premium pay per day.
If you have had issues with your employer and need assistance please call us at at 1-888-924-3435 or fill out the form for more information on pursuing a rest and meal break violation.
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