12 Things Every California Employer Needs to Know About Break Laws
Andjelka Prvulovic
Last update on:
June 17, 2025 7:19 AM
Published on:
California break law violations aren't just regulatory slaps on the wrist. They have the potential to ruin your business financially and professionally.
If an employee fails to take one meal break, you’re required to pay that employee one hour of premium pay. Multiply that across an entire workforce over multiple pay periods, add in PAGA penalties, attorney fees, and class action exposure, and you're looking at settlements that can reach millions.
And unlike most legal disputes where the burden is on the person suing you, California's break laws flip the script– it’s on you to prove your innocence. Having a well-written break policy is great, but it isn’t enough if you’re found going toe to toe with PAGA lawsuits or if you’re up against fines and audits.
To help you protect your business against California break violations, we’ll look at 12 important break requirements that will keep you on the right side of the law.
Some businesses automate compliance. Others become case studies.
What employers need to know about California break laws
1. Meal breaks are mandatory, and their timing is everything
For many states, there are no hard rules about when employees should be given their 30-minute meal break. I’ve seen workers take a late lunch, 2 hours before their shift is over. But in California, if employees were to take their meal break at this time, the employer would be in hot water.
For employees working 5+ hours, California employers must schedule an employee’s first 30-minute unpaid meal break to begin before the end of their 5th hour of work. So if Katie clocked in at 8:30 am, her first unpaid meal break must start before 1:30 pm. If she was to start her meal break even one minute late, at 1:31 pm, she would be owed premium pay.
It’s extremely important to enforce the timing of break schedules if you want to avoid premium pay penalties.
PRO TIP: Regardless of whether meal breaks are paid or unpaid, you will still need to follow timing requirements and pay additional premiums if breaks are skipped or found non-compliant.
2. Rest breaks are paid, no exceptions
For every four hours (or major fraction) worked, employees get a paid 10-minute rest break. The phrase "major fraction" is key - if someone works 3.5 hours or more, they are entitled to a rest break. For an 8-hour shift, they're entitled to two paid rest breaks, which should ideally be positioned in the middle of each half of the shift.
During rest breaks, employees must be completely relieved of all work duties and must be free to leave the premises if they choose. Time spent removing protective equipment, safety gear, or walking through large facilities to exit the building is not counted toward break time.
Some employers mistakenly think rest breaks only apply to non-exempt employees, and many justify skipping breaks because there is too much work to be done. But these employers are wrong on both counts. Rest breaks are mandatory paid time and no exceptions are made for operational demands.
PRO TIP: Just because an employee is salaried doesn’t mean they are classified as “exempt”. Any employee who fails the white-collar exemption test, even if they are paid a salary, are entitled to these paid rest periods.
3. Voluntary skipped breaks don't protect you
Every employee is required to take their mandated breaks, but there are some employees that will volunteer to skip them because they are just naturally hard working.
As an employer in California, what should you do in this situation and what part of the blame falls on you?
If all of your employees have scheduled breaks and John volunteers to work through his break, as his employer you are held liable for the break violation unless there is a break waiver on file.
In the event John was to sue for missed breaks or unpaid wages, California's break laws require the employer to prove their case instead of the employee. You’ll need to prove that John voluntarily skipped his break and show evidence to back up your claim such as a well-defined break policy, accurate timesheets, and signed copies of break waivers.
4. Written meal-break waivers
For years, California employers faced uncertainty about meal break waivers. Could you sign waivers in advance, or did waivers need to be signed the day of use?
Advance meal-period waivers are now lawful for shifts of 5–6 hours, giving employers a practical compliance tool that eliminates daily paperwork.
Other than the changes made regarding advanced meal-period waivers, the basic waiver rules remain the same.
The first 30-minute meal break can be waived for shifts of 6 hours or less.
The second 30-minute meal break can be waived for shifts under 12 hours (if the first wasn't waived).
Third breaks are generally non-waivable.
Per legal requirements, waivers must:
Be agreed to voluntarily (no hiring pressure)
Be revocable at any time (no retaliation)
Be written in clear language that explains the employee’s right to meal breaks and the waiver revocation process
Exist as standalone agreements
The court approved this specific language:
"I hereby voluntarily waive my right to a meal break when my shift is 6 hours or less. I understand that I am entitled to take an unpaid 30-minute meal break within my first five hours of work; however, I am voluntarily waiving that meal break. I understand that I can revoke this waiver at any time by giving written revocation to my manager."
Important limitations: This ruling applies only to the first meal period for shifts of 5 to 6 hours. You still cannot waive meal breaks for longer shifts, and second meal breaks follow existing rules requiring mutual consent on each occasion they're waived.
5. Breaks must be duty-free
California courts are adamant that “duty-free” breaks need to be duty free. If an employer interferes at all with an employee’s break time, the break period is deemed completely non-compliant.
Absolute prohibitions:
No calls, texts, or "quick questions" to employees during breaks
Employees can not remain on-call or available during their break
Employees can not eat while continuing to work
No monitoring of employees during breaks
For example, encouraging employees to eat "small bites as they go" instead of taking formal 30-minute breaks is an example of noncompliance with California break law, even if the practice is well-intentioned.
IKEA paid $7.5 million to settle a class action lawsuit for requiring employees to stay on the premises during rest breaks in designated areas, such as the Staff Café. The court found this practice a violation of California law, which requires employers to "relinquish control over how employees spend their time" during rest periods.
6. On-duty meal breaks: When relief is impossible
When employees are truly unable to leave their workstation, such as solo retail clerks or security guards, California permits on-duty meal periods, but only under strict conditions that distinguish them from regular meal breaks.
On-duty meal periods are permitted as long as three non-negotiable elements are present:
a separate written agreement stating the meal is paid (not unpaid like regular breaks)
documentation that the nature of the work prevents relief
explicit language stating that employees can revoke the agreement at any time without fear of retaliation
Unlike regular meal waivers, on-duty meals require you to pay the full 30 minutes as hours worked.
PRO TIP: Never use on-duty meals for convenience or cost-saving. They're reserved for instances when relief is genuinely impossible. If you fail to follow any requirement, you owe the one-hour premium plus potential civil penalties.
7. Outdoor work & heat illness protections
Cal/OSHA's heat illness prevention standards create additional break obligations beyond regular meal and rest breaks. When temperatures reach 80°F outdoors, workers have the right to take cool-down rest periods in shaded or cooled areas whenever they feel overheated. These breaks are in addition to regular breaks and cannot be counted toward meal or rest break requirements.
The stakes got higher in 2024 when new indoor heat standards took effect at 82°F, requiring similar cooldown breaks in warehouses, kitchens, manufacturing facilities, and other enclosed spaces. These standards are not mere suggestions, but rather enforceable requirements with serious financial consequences.
In 2024, Cal/OSHA issued its first willful heat violation penalty in over five years—$276,425 to Parkwood Landscape Maintenance for willfully failing to provide water access, shade, and heat illness training to outdoor workers. The company required employees to purchase their own drinking water and lacked written procedures for handling high-temperature conditions, which often exceeded 95°F.
8. Break enforcement is your responsibility
Your managers need to understand that encouraging productivity cannot come at the expense of break compliance. Even subtle discouragement, like scheduling important meetings during typical break times, can create legal liability.
Simply having a policy isn't enough. California courts have ruled that "pressure to skip breaks" or even unspoken pressure constitutes a breach of the law.
You must actively ensure breaks happen and remove any barriers or disincentives.
What active enforcement looks like:
Training supervisors to monitor break compliance
Automated alerts when break windows approach
Disciplinary action for employees who consistently violate break policies
Regular audits of break-taking patterns
Clear communication that breaks are mandatory, not optional
9. You need timestamped digital proof
Verbal policies and paper logs won't protect you in court. You need digital timestamps, GPS location data, and employee confirmations to create an audit trail that withstands scrutiny.
Since the California Supreme Court's Donohue v. AMN Services ruling (2021), any rounding of meal-period punches, even to the nearest minute, renders the record unreliable.
So,if your time clock shows a 29-minute lunch, the entire shift is presumptively non-compliant, and you owe premium pay.
And although the Supreme Court hasn’t ruled on rest-break rounding, lower courts treat it the same. The best practice is to avoid rounding altogether.
10. Missed breaks equal premium pay, and it adds up fast
Paying one hour of compensation for a missed meal break might not seem like a lot, but when multiple employees aren’t taking meal and rest breaks, the cost adds up!
Employers pay one hour's worth of regular wages for each day a rest break wasn't given, plus an additional hour's worth of regular wages for each day a meal break wasn't given.
Keep in mind, premium pay is considered "wages" and must be listed on pay stubs.
California Labor Code requires that every meal or rest-break premium appear on the pay stub as a separate line item. If you omit that line, you expose your company to penalties of up to $4,000 per employee on wage statements, as well as attorneys' fees and waiting-time penalties.
PRO TIP: Build payroll rules that automatically list every premium and run monthly pay-stub audits to catch omissions before employees do.
11. PAGA lawsuits are a serious risk for employers
California's Private Attorneys General Act (PAGA) allows employees to sue employers on behalf of the state for labor law violations. What makes PAGA particularly dangerous is that it's a "records-based claim," meaning attorneys don't need to interview anyone to prove meal break violations occurred. They simply examine your timekeeping records and file a lawsuit.
Why attorneys love meal break cases
As employment attorney Amber Healy explains, "Meal and rest break claims continue to be very highly litigated. They are a sweet spot for the plaintiffs' bar because meal periods are recorded and off the clock."
Want to learn more about California break laws from employment law experts? Watch our webinar.
Prior to 2024, PAGA was an employer's nightmare with penalty stacking and employees suing for violations they never experienced.
However, in 2024 the rules were changed. Now, plaintiffs must personally experience each violation they pursue, ending the practice where one meal break issue could trigger claims for completely unrelated violations across the entire workforce.
Why PAGA still matters
PAGA evolved from an inevitable catastrophe into a manageable risk for prepared employers.
Employees now get to keep 35% of recoveries (up from 25%), and attorneys continue to collect fees, so there are strong incentives for filing lawsuits.
Still, proactive employers with proper policies, reliable break tracking practices, and swift response to violations now have real tools to minimize or eliminate exposure.
12. Keep break records for at least 3 years
All meal and rest break data fall under wage-statement and payroll record rules, requiring retention for a minimum of 3 years.
However, because the statute of limitations for wage and hour class actions is currently 4 years, and PAGA claims can be filed up to 3 years after the date in question with additional penalties, many employment attorneys recommend retaining records for 4-5 years.
Enhanced penalties and PAGA claims often look at patterns seen across extended periods of time. Attorneys look for systematic violations, not isolated incidents. Having complete historical records demonstrates your effort to remain compliant and can be the deciding factor when it comes to winning or losing a claim.
Digital beats paper every time
When labor commissioners or attorneys request records, digital archives allow instant retrieval and demonstrate professionalism. Physical logs can be lost, damaged, or appear altered, creating suspicion even when you've done nothing wrong.
Stay compliant: Automate California break tracking with Timeero
The 2024 Supreme Court decision Naranjo v. Spectrum Security Services, along with the 2024 PAGA reforms, offers businesses 85% or complete reduction in penalties when you use an established compliance program that demonstrates your good faith efforts to show that premiums weren’t required. The key is documenting your legal reasoning before violations occur.
Anything less than a reliable app to help you track California breaks leaves gaps that plaintiffs can and will exploit.
With comprehensive break tracking software like Timeero, you can:
Receive real-time alerts when break windows approach, preventing violations
Capture precise start and end times of breaks, along with GPS verification, then pause tracking for the rest of the break to comply with privacy rules
Disclaimer: This article is for general educational purposes only and does not constitute legal advice. California break laws can vary under industry-specific wage orders and certain collective bargaining agreements. Always consult qualified employment counsel to determine how the law and any applicable union contract apply to your specific workforce and circumstances.
Andjelka is a researcher and writer with 6+ years in digital marketing. Her background in social work and journalism has sharpened her skill in connecting with people from all walks of life. For the past 3 years, she’s specialized in time, location, and mileage tracking. Outside work, she enjoys yoga, swimming, and unwinding with her cats while listening to Leonard Cohen’s music.
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