(650) 332-8623California Break Laws: Meals, Rests, and More (2025)
In this guide, you’ll learn about California’s meal and rest break laws, who they apply to, and how to stay compliant in 2025.
Understanding California Break Laws
Meal Breaks
Laws in California Governing Meal Breaks
California’s meal break laws are primarily controlled by two sets of statutes, which have been effective since 2012 at the latest:
- CA Labor Code Section 512
- IWC Orders (Orders 1-15 Section 11 and Order 16 Section 10)
Section 512 stipulates:
“In California, an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than thirty minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. A second meal period of not less than thirty minutes is required if an employee works more than ten hours per day, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and employee only if the first meal period was not waived.”
In short, California employers are obligated to provide…
- No required break for employees working less than 5 hours in a day.
- One break of 30+ minutes for employees working over 5 hours in a day.
- Two breaks of 30+ minutes for employees working over 10 hours in a day.
The first break may be waived by mutual consent if the employee works no more than six hours in a day, and the second may be waived if the employee works no more than 12 hours in a day.
Employees in the motion picture industry must be provided with one break of 30+ minutes (up to an hour) after working at least six hours, with additional breaks required for every additional six-hour period worked that day after the end of the first meal break.
If an employee doesn’t take their required meal break, employers must provide them with an additional hour of pay at their regular rate of pay for each day they didn’t receive their meal break. This additional hour of pay is called a meal break premium.
Rest Breaks
Laws in California Governing Rest Breaks
California’s rest break laws are primarily controlled by several Industrial Welfare Commission (IWC) Wage Orders, namely:
- IWC Order 5-2001 Section 12(C) (employees of residential care facilities)
- IWC Order 12-2001 Section 12(C) (employees engaged in strenuous activity)
- IWC Order 16-2001 Section 11(A-C) (construction and other heavy industry)
The California Labor Code also contains a specific statute covering breaks for nursing mothers:
While break requirements can vary somewhat by industry, the general rules for California rest breaks are…
- No rest break required for employees working less than 3.5 hours.
- One rest break of 10 minutes for employees working 3.5 to 6 hours.
- 2 rest breaks of 10 minutes each for employees working 6 to 10 hours.
- 3 rest breaks of 10 minutes each for employees working 10 to 14 hours.
What's the Difference?
Meal Breaks vs. Rest Breaks in California
California’s meal and break laws — like many similar laws enacted across the U.S. — tend to focus on two key differences: whether or not the break is paid, and the duration(s) for which employees must work to be eligible for either type of break.
Like most states, California requires most meal and rest breaks to be paid for if the employee remains at the work site, but allows employers to provide unpaid meal breaks if their employees can be relieved of all duties and are allowed to leave the work site.
Exemptions
What Type of Workers are Exempt from California Break Laws?
Meal and rest breaks may be mandated for exempt employees based on their job duties. Exempt employees include managers, executives, and other employees who meet the following criteria:
- Receive a salary instead of hourly pay
- Primarily perform executive, administrative, or professional duties
- Exercise discretion and independent judgment in their work
If an exempt employee’s job duties do not meet these criteria, they may be entitled to meal and rest breaks, just like nonexempt employees.
California’s break laws provide specific carve-outs for the state’s massive filmed entertainment industry, which includes specific statutes for:
- The motion picture industry: If an employee’s work permits them to take rest breaks equivalently to the required rest breaks, their employer isn’t required to provide the specified rest breaks. If the employee must provide an immediate response to a production necessity, their employer may postpone meal periods but must provide another meal period as soon as possible.
- The broadcasting industry: A broadcast operation employee may receive meal breaks and rest periods at different times than specified by the law if they are covered by a collective bargaining agreement that meets certain criteria, as long as the total break time is the same as required by the law.
Unionized employees may have different guidelines for meals and breaks based on their collective bargaining agreements. Employers and employees should review their collective bargaining agreements to understand the specifics of the meals and breaks for which they’re eligible.
Independent contractors and freelancers are not considered employees and are therefore not entitled to receive meals and breaks under California labor law.
Differences Between CA and Federal Break Laws
In most cases, California’s labor laws — including its meal and break laws — are more favorable to workers than federal statutes.
In fact, federal laws do not stipulate any requirements for rest breaks, specifying only that “bona fide” meal breaks are not to be considered working time and do not need to be paid for if the employee is completely relieved of all duties.
The U.S. Department of Labor provides two primary statutes governing meals and breaks nationwide:
- Rest Breaks: 29 CFR 785.18
- Meal Breaks: 29 CFR 785.19
Understanding California’s break laws can help you remain compliant, as these laws will typically be more stringent and specify harsher penalties than U.S. labor laws.
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Other Types of Breaks for Workers in California
California has a range of child labor laws governing allowable work hours and occupations. The state promulgates regulations for children as young as 15 days old, which is almost entirely due to the occasional use of infant “actors” in the motion picture industry.
Here are California’s specific age-related break statutes for minors working in the entertainment industry while school is in session:
- 6-9 Years: Maximum of 8 hours at worksite, with 1 hour reserved for “rest and recreation.”
- 9-16 Years: Maximum of 9 hours at worksite, with 1 hour reserved for “rest and recreation.”
- 16-18 Years: Maximum of 10 hours at worksite, with 1 hour reserved for “rest and recreation.”
Because most minors’ work hours are severely restricted while school is in session, California stipulates a different and more comprehensive set of work-time limits for minors when school is not in session (summer and winter breaks):
- 6 Months – 2 Years: Maximum of 4 hours at worksite, with half (2 hours) reserved “for rest and recreation.”
- 2 – 6 Years: Maximum of 6 hours at worksite, with half (3 hours) reserved “for rest and recreation.”
- 6-9 Years: 1 hour of rest and recreation for every 6 hours worked.
- 9-16 Years: 1 hour of rest and recreation for every 7 hours worked.
- 16-18 Years: 1 hour of rest and recreation for every 8 hours worked.
Minors working in other industries are generally covered by the same meal and break laws that apply to all other workers in California.
Pregnant employees in California are not covered by statutes specifying the lengths and/or frequencies of their breaks.
However, California employers are expected to provide “a reasonable amount of break time” for employees who’ve recently given birth to express their breast milk in private.
California is the epicenter of the American entertainment industry, with a reported 18 out of every 1,000 workers in the Los Angeles (Hollywood) metro area employed in entertainment.
Most break laws for entertainment industry employees are slightly more lax than break laws for other employees due to the more focused nature of much of the work.
Recordkeeping Requirements for Meals and Breaks in California
California employers must maintain accurate records of all meal breaks, but short paid rest breaks (~10 minutes) do not need to be tracked separately from an employee’s work hours.
Employers are expected to retain all wage and hour records, including records of breaks taken by each employee, for at least three years. Many California employment lawyers recommend retaining these records for at least five years due to the statute of limitations set on most employment lawsuits in the state.
California Penalties for Meal and Break Violations
1 Hours’ PayMissed Break Violations
Every time an employer fails to provide mandated breaks to their employees, they can face penalties of one hours’ wages/pay for every break missed. This can result in several hours’ worth of penalties each day if an employee works long enough and misses enough breaks.
This penalty is calculated based on the wage rate of each individual employee.
$100 /dayLactation Break Violations
If nursing employees are denied adequate break time and/or private space to express breast milk, their employers may be liable for fines of $100 per day that employee is denied their breaks.
Misconceptions About Meals and Breaks in CA
Employees may think they can take paid rest breaks or unpaid meal breaks at any time during their shifts if assigned enough work hours to qualify for breaks that day.
Employees are only allowed to take paid rest breaks after their first 3.5 hours worked, and can take a meal break only after putting in at least 5 hours.
If an employee clocks back in 28 minutes after clocking out for a meal break, they’ll still be considered unpaid for the full half-hour.
Employers must pay (or exempt) the exact time used for breaks. If an employee only spends 28 minutes of a 30-minute meal break clocked out, they should only be credited with 28 minutes of unpaid time — the other two minutes of clocked-in time must still be paid.
Workers are entitled to a minimum of 30 minutes, so employers cannot require anyone return to work before their 30 minutes are over.
Employers may think they’re only required to make up missed breaks with a “meal break premium” equal to California’s minimum wage, which is currently set at $16.50 per hour.
Employers must pay meal break premiums based on each employee’s pay rate. For example, if you send an HVAC installer to a job that takes seven hours to complete, and their hourly pay is set at $39.00, you must pay that installer $39.00 for every missed meal or rest break.
Some California employers may believe they only need to make employees aware of the state’s meal and break laws to come into compliance with the relevant statutes.
Employers cannot contravene or violate California’s meal and break laws simply because they’ve told their employees what those laws are. Asking employees to skip meals and breaks still makes a California employer liable for penalties if they fail to follow the state’s laws appropriately — regardless of whether or not those employees have agreed to waive their breaks.
Temp workers are sometimes viewed as equivalent to independent contractors by many businesses, as their employer of record will typically be a different company than the one they’re working for on any given day.
While California break laws don’t cover independent contractors, temp workers are considered employees, making them eligible for all the same meal and break protections as workers employed full-time by one company (and performing work only for that same company).
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Employees: Know Your Rights to Meals and Breaks in California
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Most workers in California are entitled to uninterrupted 30-minute breaks after working 5+ hours in a day, and can claim two 30-minute breaks after working 12+ hours.
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Employees cannot be retaliated against for reporting meal and break law violations to California’s Labor Commissioner’s Office, and may be entitled to additional penalty payments as compensation for the violation.
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Employees working outdoors in California ate entitled to take breaks whenever needed to cool off in the shade in order to prevent heat illness.
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You cannot be required to work at any time during mandated meal breaks.
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Your employer is obligated to provide breaks, but you are still generally in control of when you can take them, so long as they meet California’s break guidelines.
Employer Obligations for Meals and Breaks in CA
Employers are expected to…
- Provide all required breaks in accordance with California labor laws.
- Pay for all covered breaks in accordance with California laws.
- Maintain adequate records of breaks for up to five years.
California employers also have the right to set an employee’s break schedule.
This means employers can determine when and how long employees take their meal and rest breaks. If an employee doesn’t comply with the employer’s break schedule, the employer has the right to discipline or terminate the employee for insubordination.
You should clearly communicate break schedules to your employees and make sure that you are providing the required breaks. You should also have a process in place for employees to request accommodations for their breaks, like if they have a medical condition that requires a different break schedule.
How to Ensure Compliance With California’s Meal and Break Laws
While it is possible for employers to manually track employee work hours and break times, using a time-tracking app can help ensure compliance with labor laws. We suggest trying Workyard, which was built to handle all of California’s complex labor laws, including precise tracking of all meals and breaks.
See how Workyard can help ensure compliance with meal and break laws, or sign up for a free 14-day trial today to see what it can do for yourself!
Using a time-tracking app can support your compliance needs, but here are a few other ways you can comply with California’s labor laws on meals and breaks:
1. Provide Clear Policies
As an employer, you should have clear policies in place that outline meal and rest break requirements and consequences for noncompliance.
You should communicate these policies to all employees and ensure they are easily accessible.
2. Train Employees
You should provide training to all employees on their break rights and the importance of taking breaks during their shifts.
This can help employees understand their rights and stay motivated to take breaks.
3. Monitor Compliance
You should monitor employee compliance with break requirements and address any violations promptly.
This can help prevent any potential legal consequences and improve employee satisfaction.
4. Provide Reasonable Accommodations
You should provide reasonable accommodations for employees who have medical conditions that require different break schedules or types of breaks.
This can help ensure compliance with labor laws while accommodating the needs of individual employees.
5. Consult with Legal Experts
You should consult with legal experts to ensure that your break policies and practices comply with California labor laws.
6. Keep Up with Changes in the Law
California labor laws can change frequently, so employers need to keep up with any changes and adjust their policies and practices accordingly.
Benefits to Employees
Complying with California’s labor laws on meals and breaks provides significant benefits to employees, promoting their well-being, productivity, and job satisfaction. When employees are granted these breaks and take them in a compliant fashion, they experience several key benefits.
Improved Health and Focus
Regular meal and rest breaks help employees avoid prolonged physical and mental strain, reducing the risk of burnout and workplace injuries. Breaks provide time to rest and recharge, leading to increased energy, better cognitive function, and a healthier work-life balance.
Enhanced Productivity
Taking breaks has been shown to improve focus and efficiency. Employees return to tasks with a clearer mind, reducing errors and improving work quality. Adhering to break regulations fosters a sustainable work pace and enhances overall performance.
Greater Job Satisfaction and Legal Assurance
When employers prioritize breaks, it builds trust and respect, leading to higher employee morale and job satisfaction. Employees feel valued and respected, which reduces turnover and increases loyalty. Compliance also offers legal protection and peace of mind, as employees can be confident in their rights being upheld.
Benefits to Employers
Complying with California’s labor laws on meals and breaks isn’t just a legal requirement — it’s a strategic advantage for employers. By following the state’s regulations, businesses can gain numerous operational and cultural benefits…
Optimized Workforce Efficiency
When employers honor these break periods, employees are more likely to maintain their energy and focus throughout the day. Regular breaks allow staff to rest and rejuvenate, leading to fewer errors and a consistent level of productivity. This ultimately means higher quality work and better overall performance, contributing to smoother operations and greater efficiency.
Strengthened Employee Relationships
Respecting meal and rest break laws shows that the company values its workforce. This builds trust and signals a commitment to employee welfare, fostering a positive company culture. Workers who feel their time and well-being are respected are more likely to stay loyal to the organization, reducing turnover and the costs associated with hiring and training new employees.
Legal Protection and Compliance Assurance
Ensuring compliance with labor regulations shields employers from legal risks and financial penalties. Labor disputes related to missed breaks can be costly and time-consuming. By proactively adhering to these rules, companies demonstrate integrity and protect themselves from potential lawsuits, fines, and employee grievances.
Reputation as an Employer of Choice
Organizations that are transparent about their commitment to employee rights gain a competitive edge in the talent market. Companies known for ethical practices and respect for workers’ well-being are more appealing to top talent and are better able to build a positive public image, which translates to long-term growth and sustainability.
Looking for other state-specific labor laws? Here are some of our related guides for review and comparison purposes:
The Bottom Line on California’s Meal and Break Laws
California’s meal and rest break laws serve as foundational pillars for both employee rights and employer responsibilities. By ensuring that all workers are granted their mandated breaks, these laws create a more equitable, productive, and legally secure workplace.
For employees, compliance translates to better health, improved focus, and greater job satisfaction. For employers, adhering to these regulations can boost efficiency, foster a positive company culture, and protect against costly legal disputes.
From a business perspective, understanding and implementing California’s break laws isn’t just about meeting minimum legal requirements — it’s about creating a thriving work environment. When employees are well-rested and their rights are upheld, they’re more engaged, motivated, and loyal to their employer. This directly influences the quality of work produced and the company’s overall reputation.
As we move into 2025, it’s clear that the importance of employee well-being and workplace fairness will continue to grow. Employers who stay up-to-date with California’s evolving labor regulations and actively integrate them into their policies will be better positioned to attract top talent, avoid legal challenges, and enhance their competitive edge in the marketplace.
If you’ve been looking for a tool to accurately track and record every employee’s meals and breaks, try Workyard! It features detailed break rules for California, and you can customize these rules to suit your industry or region, should either (or both) involve different regulations than those followed statewide.
Take a look at Workyard’s labor compliance software can do for your business, or sign up for a 14-day free trial and experience its capabilities for yourself right now!
California has specific and detailed laws regarding meal breaks and rest breaks for non-exempt employees. Here are the primary aspects of these laws:
Meal Breaks
Eligibility
Non-exempt employees working more than five hours in a single shift are entitled to one 30-minute meal break
Requirements
- The meal break must be uninterrupted and duty-free for at least 30 minutes.
- The employer must relieve the employee of all duties and relinquish control over the employee’s activities during this time.
- The meal break should be provided before the end of the fifth hour of work
Waiver
- If the workday does not exceed six hours, the employee can waive their right to a meal break with mutual agreement between the employee and the employer.
- For shifts exceeding 10 hours but not exceeding 12 hours, the employee can waive the second meal break if they take the first meal break
Multiple Meal Breaks
Employees working more than 10 hours in a single shift are entitled to a second 30-minute meal break, which must be provided no later than the end of the 10th hour
Rest Breaks
Eligibility
Non-exempt employees are entitled to a 10-minute paid rest break for every four hours (or major fraction) worked. A “major fraction” is more than half of four hours, so working 3.5 hours or more qualifies for a rest break.
Requirements
- Rest breaks must be uninterrupted and duty-free for at least 10 minutes.
- Employers must provide rest breaks in the middle of each four-hour work period “insofar as practicable”
Number of Rest Breaks
Here is a breakdown of the number of rest breaks based on hours worked:
- 3.5 to 6 hours: 1 rest break
- 6 to 10 hours: 2 rest breaks
- 10 to 14 hours: 3 rest breaks
- 14 to 18 hours: 4 rest breaks
- And so on, with an additional rest break for every four-hour milestone
In California, the laws governing meal (lunch) breaks for non-exempt employees are detailed and strict. Here are the key points:
Eligibility and Duration
Non-exempt employees working more than five hours in a single shift are entitled to one 30-minute unpaid meal break.
Timing
The meal break must be provided before the end of the fifth hour of work. For example, if an employee’s shift starts at 8 a.m., the meal break should be taken before 1 p.m.
Requirements for Employers
- Employers must relieve employees of all duties and relinquish control over their activities during the meal break.
- The meal break must be uninterrupted and duty-free for at least 30 minutes.
- Employers cannot discourage or impede employees from taking meal breaks, nor can they create incentives to skip breaks or a culture that encourages skipping breaks.
Waiver of Meal Break
- Employees working six hours or less in a single shift can waive their right to a meal break with mutual consent between the employee and the employer. This waiver does not need to be in writing.
- For shifts exceeding 10 hours but not exceeding 12 hours, employees can waive their second meal break only if they take the first meal break. Employees cannot waive both meal breaks in one workday.
Multiple Meal Breaks
- Employees working more than 10 hours in a single shift are entitled to a second 30-minute meal break, which must be provided no later than the end of the 10th hour of work.
On-Site Meal Breaks
- In some cases, such as on-duty meal breaks, employees may be required to take their meal breaks on-site. In these instances, the employer must provide a suitable place to eat and facilities for securing hot food and drink if the meal period occurs during a shift starting or ending between 10 p.m. and 6 a.m. On-duty meal breaks are paid.
Penalties for Violations
- If an employer fails to provide a meal break, they must pay the employee an additional hour of regular pay for each workday the violation occurs.
Additional Considerations
- Meal breaks and rest breaks must be separate and cannot be combined. For example, a single 1-hour break cannot serve as both a meal break and a rest break.
- Employers are required to make meal breaks available but are not required to ensure that employees take them. However, employers can set the work schedule, including break times, and discipline employees for not complying with scheduled breaks.
In California, certain categories of employees are exempt from some or all of the break laws, which include meal breaks and rest breaks. Here are the key points regarding exemptions:
White-Collar Exemptions
To be classified as an exempt employee, an individual must meet three main criteria:
- The employee must be paid a salary that is at least twice the state minimum wage for full-time employment.
- The employee’s primary duties must consist of administrative, executive, or professional tasks.
- The employee’s job duties must involve the use of discretion and independent judgment.
Exempt employees under these criteria are generally entitled to meal breaks but are not entitled to rest breaks.
Industry-Specific Exemptions
There are several industries that have specific exemptions or modifications to the meal and rest break laws. These include:
- Healthcare industry
- Construction industry
- Commercial drivers (who may be subject to federal break laws instead)
- Employees of public agencies
- Motion picture industry
- Wholesale baking industry
- Employees covered by a valid collective bargaining agreement (union employees)
- Security services industry
- Electrical, gas corporations, and local publicly owned electric utilities.
Specific Job Roles
Certain job roles may also have different break requirements:
- For example, employees with direct responsibility over children may be allowed to take on-duty meal periods under specific circumstances.
- Athletes, swimmers, dancers, and skaters may have interim rest periods while rehearsing.
- Employees in construction, drilling, mining, or logging industries may have staggered rest periods to maintain workflow continuity.
Federal Law Intersections
- Some employees, such as truck drivers, may be exempt from California meal and rest breaks but are still subject to federal break laws, which require breaks after a certain number of hours worked.
In California, violating the laws regarding meal and rest breaks for non-exempt employees can result in significant penalties. Here are the key points regarding these penalties:
Meal Break Violations
- If an employer fails to provide a meal break as required, they must pay the employee an additional hour of pay at the employee’s regular rate for each workday the violation occurs.
- This additional pay is considered a wage owed to the employee, and the employee has up to three years to file a claim for unpaid wages.
Rest Break Violations
Similarly, if an employer fails to provide a rest break or if the rest break is interrupted, the employer must pay the employee an additional hour of pay at the regular rate for each workday the violation occurs.
Multiple Violations in One Day
If an employer fails to provide both a meal break and a rest break in the same workday, the employee is entitled to two hours of additional pay. This is because the premium wage requirement is contained in two separate sections of the Wage Orders.
Filing Claims
Employees who have been denied meal or rest breaks can file a wage claim with the Division of Labor Standards Enforcement (DLSE) or file a lawsuit against the employer. The DLSE will review the claim and may schedule a conference or hearing to determine the validity of the claim and suggest solutions.
Retaliation Protection
Employers are prohibited from discriminating or retaliating against employees for filing claims related to missed breaks or asking about break policies. Employees are protected under California labor laws for asserting their rights to meal and rest breaks.
