California Meal Break Law in 2026: Your Ultimate Guide
California is known for having the most employee-friendly meal and rest break laws. These laws require employers to give their staff adequate time to rest and eat during their shifts, regardless of whether the breaks are paid.
Understanding these regulations not only helps you avoid costly penalties, but creates a workplace culture where employees are valued and supported, boosting productivity and long-term success.
In this guide, you’ll discover:
- The basics of meal and rest break requirements – and how to avoid costly penalties, including the ones associated with PAGA lawsuits.
- How to minimize legal risks associated with overtime, on-duty breaks, waivers, and other complexities.
- The best practices for maintaining compliance that protect your business from fines and disruptions through real-life examples.
This guide is your roadmap to doing breaks the right way.
To learn more about break laws in other states, check out our comprehensive guide on Break Laws by State.
Disclaimer: Employers should always verify if specific exceptions apply to their employees. Consulting with an attorney or HR professional familiar with California labor law and regulations is recommended, particularly for complex situations.
What are the break and lunch laws in California?
California has some of the strictest meal and rest break rules in the U.S. In most cases, break requirements are based on how long an employee works and whether they are classified as non-exempt or exempt.
Salaried status alone does not determine break rights. In California, break obligations depend on proper classification, job duties, and the applicable wage order or agreement — not simply whether an employee is paid a salary.
Most California break protections apply to non-exempt employees, who are entitled to clearly defined meal and rest breaks. Exempt employees are treated differently, which is why classification accuracy matters for compliance.
Meal breaks
- Non-exempt employees
Entitled to meal breaks based on the number of hours worked in a day, subject to timing, waiver, and duty-free requirements. - Exempt employees (general)
Properly classified exempt employees are generally not covered by wage-order meal-period rules. However, meal-break obligations may still arise due to misclassification, specific wage orders, or employment agreements.
Rest breaks
- Non-exempt employees only. Entitled to paid rest breaks based on the number of hours worked in a day.
- Exempt employees are typically not entitled to rest breaks by law, though some employers allow short discretionary breaks as a matter of internal policy.
Although these are the general rules, applying California break laws to a real workplace can be complex. Industry-specific wage orders, collective bargaining agreements, and classification issues can all change how the law applies. Employers should review the rules that apply to their workforce and consult qualified guidance when needed.
Before discussing California meal break laws in depth, we'll first set the foundation and define important terms like meal and rest breaks.
What is a meal break?
According to CA Labor Code § 512, a meal break is a 30-minute break provided to employees for every five hours of work.
It's important to note that the employees aren't required to have lunch during this time (as determined in the Brinker trial). Employees can use this time to take care of personal matters or spend the unpaid meal break as they see fit.
Typically, a meal break isn't paid and it must be uninterrupted. This means an employer can't require an employee to work while on their break.
However, meal breaks can be paid if the nature of the job prevents an employer from relieving the employee of their duties. We'll address this topic in the section about on-duty meal breaks.
Meal break requirements in California
Under the California meal break law, non-exempt and most exempt employees are entitled to meal breaks when their shifts exceed certain lengths.
These are the basic rules that apply:
- First meal break. Employees working more than 5 hours a day must receive an uninterrupted 30-minute meal break.
- Second meal break. Employees working more than 10 hours a day must receive a second uninterrupted 30-minute meal break.
- Timing. Meal breaks must be taken before the end of the employee's fifth hour of work.
- Duty-free. Employers must relieve employees of all duties.
- Employee Choice. Employees can leave the premises or stay on-site during their meal break.
California lunch break laws: timing of breaks
Let's take a close look at one example to better understand lunch break laws in California.
If an employee's workday begins at 9 a.m., their meal break timing would look like this:
California meal break law violations
Making California employees work through lunch to get a job done (for example, eating while they finish work-related tasks) is considered a meal break violation.
Being "on-call" or on duty is also considered a meal break violation. To provide a lawful meal break, your staff must have uninterrupted time while off duty.
What is a rest break?
A rest break is a 10-minute paid break California employers must provide every four hours an employee works (or a major fraction thereof).
For example, non-exempt employees in California are entitled to two paid 10-minute rest breaks during an 8-hour workday.
According to California's 10-minute break law, rest breaks must be counted as time worked and paid accordingly.
Rest break requirements in California
- Break Length. Ten minutes of paid rest time for every four hours worked.
- Timing. Rest breaks should ideally be taken near the middle of each four-hour work period. Some flexibility is allowed due to practical work considerations.
- Location. Rest breaks should be taken away from the employee's work area to allow for proper rest.
- Shorter Shifts. Employees working shifts shorter than 3.5 hours in a day are not entitled to rest breaks.
Employers must ensure employees are able to take their full breaks without interruptions. Note: Even if an employee agrees, shortening rest breaks below 10 minutes violates California law.
The chart below will help you better understand the number of rest breaks your teams are entitled to based on the hours they've worked in a day:
What is the 15 minute break law in California
California does not have a specific 15-minute break law. However, it does require employers to provide paid rest breaks for non-exempt employees who work at least 3.5 hours in a day.
How do California meal break laws apply to overtime work?
Depending on the total number of hours worked, overtime work can necessitate additional meal and/or rest breaks.
Failure to provide these breaks can result in the same costly penalties as any other meal/rest break violation under California law.
Are there any exceptions to California's meal and rest break rules?
Yes, there are certain circumstances where California's standard meal and rest break requirements may not apply. Here are the key exceptions to keep in mind:
Independent Contractors
Individuals classified as independent contractors are not covered by California meal and rest break laws.
Unionized Employees Under Certain Collective Bargaining Agreements (CBAs)
Some collective bargaining agreements may modify standard meal and rest break requirements, but only if they meet specific legal conditions under California law (such as premium wage rates and overtime protections). Industries where this is common include:
- Construction
- Commercial drivers
- Security officers
- Healthcare
- Utility companies (electrical, gas)
- Motion picture industry
Not all CBAs override break laws automatically. Employers should review agreements carefully to confirm compliance.
Staying compliant with California meal break laws: the do’s and don’ts
California labor laws on breaks: waiving right to breaks
California allows meal-period waivers in limited, well-defined circumstances. When used correctly, waivers can reduce administrative friction — but when used incorrectly, they are a common source of liability.
Waiving meal breaks
- Employees can waive their first 30-minute meal break if their total shift is no longer than 6 hours.
- Employees working shifts exceeding 10 hours are entitled to a second 30-minute meal break. This can be waived if the first break is taken and the total shift does not exceed 12 hours.
- Employers cannot coerce or pressure employees to waive meal breaks. Waivers must be voluntary and agreed upon by both parties.
Waiving rest breaks
- Employees may choose to skip their 10-minute rest breaks.
- Employers cannot pressure employees to waive rest breaks (Brinker Restaurant Corporation v. Superior Court).
While a written waiver for meal breaks isn't always legally required in California, it's strongly recommended. A written agreement provides clear documentation for both employers and employees. Remember, employees must be able to revoke a meal break waiver at any time verbally.
On-duty meal breaks: When a standard meal break isn't feasible
California law recognizes that the nature of certain jobs makes traditional off-premises meal periods impossible (e.g., a sole security guard or overnight convenience store worker).
In these specific situations, employers can offer on-duty meal breaks while keeping the following in mind:
- On-duty meal breaks are paid, while standard meal breaks are not.
- Both the employee and employer must agree to this arrangement in writing. Employees can revoke this agreement at any time.
Employer obligations:
If you offer on-duty meal breaks, you must ensure:
- Employees have a suitable place to eat their meals.
- Employees are fully paid during their break, even if they are not actively working.
- You meet all specific requirements to provide on-duty breaks under California law.
What Is the California meal penalty?
California law takes meal and rest break violations seriously. If your employees are denied these breaks, you face significant penalties.
To assess your risk accurately, consider trying our California meal penalty calculator. This tool can provide quick estimates based on break violations.
Understanding premium pay
Premium pay means an employee receives one extra hour of wages paid at their regular pay rate for each missed 30-minute meal break or 10-minute rest break.
Under California law, premium pay for missed breaks is capped per workday:
- Up to one hour of pay for meal break violations
- Up to one hour of pay for rest break violations
This means an employer can owe a maximum of two hours of premium pay per employee per day, even if multiple meal or rest breaks are missed during the same shift.
Why this matters: While violations can add up across days and employees, premium pay does not continue stacking within a single workday. Accurate time and break records are essential for calculating exposure correctly. Read our article, All You Need to Know About Meal Penalty in California for more information.
Consequences for employers
- Financial penalties. Premium pay must be included in the employee's next paycheck. These penalties quickly add up, especially if they apply to multiple employees.
- Legal action. Employees have the right to file wage claims or lawsuits, which can be costly and time-consuming to defend.
- Damage to Rreputation and morale. Denying breaks harms workplace culture and can make it harder to attract and retain good employees.
PAGA lawsuits: Ongoing risk for California employers
Beyond individual wage claims, California’s Private Attorneys General Act (PAGA) allows employees to bring lawsuits on behalf of the state for Labor Code violations, including missed meal and rest breaks.
Because PAGA claims are largely record-based, attorneys often rely on timekeeping and payroll data alone to identify violations. Break compliance is therefore one of the most common entry points for PAGA actions.
PAGA penalties can be significant. Seventy-five percent of recovered penalties go to the state, and attorneys’ fees are recoverable, which continues to incentivize litigation.
What changed in 2024 and why it matters
PAGA reforms in 2024 meaningfully shifted the landscape. Employees generally must now have personally experienced the violations they pursue, reducing broad penalty stacking based on unrelated or hypothetical claims.
More importantly, prepared employers now have real tools to limit or eliminate exposure.
Employers with:
- clearly written break policies
- accurate employee classification
- reliable, timestamped break records
- documented premium pay when violations occur
- and prompt corrective action when issues are identified
are far better positioned to defend against PAGA claims and in many cases, resolve them early or avoid them altogether.
PAGA remains a risk, but it is no longer an automatic catastrophe.
California meal break laws: best practices for compliance
“The issue with meal and rest breaks and many other wage and hour issues is that they're really a hair-trigger liability. That means you could have made an honest mistake. You could have made every effort to comply. You could have been trying and still got it wrong or not realized that you had employees taking meal periods at 5.2 hours rather than before the fifth hour of work. And as a result of that, you have lawsuits that are “employees sue first and then ask questions later.”
Amber S.Healy
Watch the webinar recording for expert insights into California Break Compliance.
Proactive compliance is essential to protecting your business from costly penalties and fostering a positive, productive work environment.
So, what areas should you focus on to maintain compliance?
- Break timekeeping
- Policy and communication
- Accountability and proactive problem-solving
Let’s take a look at each area in more detail.
1. Break timekeeping: use apps for accurate break compliance
In California, precise timekeeping is crucial for meal and rest break compliance. Here's what employers need to know:
Why track meal breaks?
- Legal requirement. You must accurately track the start and end of meal breaks to demonstrate compliance and calculate any required premiums.
- Dispute resolution. Clear records are your best defense if an employee claims they were denied breaks.
- Pattern Identification. Tracking reveals trouble spots (departments, shifts, etc.) where breaks are consistently missed, allowing you to address the root causes.
What about rest breaks?
California law doesn't require tracking rest breaks. However, if you choose to track them, you must ensure they are fully compliant and pay any necessary premiums.
PRO TIP: Timekeeping systems designed specifically for California compliance streamline tracking processes and significantly reduce risk. When choosing a tracking system, look for features like automatic alerts for missed or late breaks, premium pay calculation, and reporting tools to analyze trends and optimize your break policies over time.
Timeero: the best fild workforce visibility solution for California meal break law compliance
Managing breaks in California doesn't have to be complicated with Timeero’s California Breaks Tracker tool.
Intuitive mobile tracking
Timeero’s mobile app makes it easy for your employees to keep track of their breaks and reduces your administrative burden:
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PRO TIP: Track California meal breaks accurately - no rounding! Auto-deducting breaks seems convenient, but it can lead to fines if not done perfectly. Precise records are your best defense!
Prevent missed breaks
Accountability with ease
Integration for efficiency
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California Oovertime functionality
Timeero also allows you to track your employees' whereabouts during their working hours as well as their business mileage which streamlines the reimbursement process.
Check out our Timeero review to learn more about the benefits this software can bring to your business besides compliance with California labor laws.
We’ve recently reviewed some of the best break-tracking apps on the market today, so check out the article to find out how they compare.
3. Policy and communication
Start by establishing a clear company Meal and Rest Break Policy and make sure all employees have easy access to this document.
Equip managers with a thorough understanding of the policy, including how to handle exceptions, waivers, and potential conflicts with work demands.
3. Accountability and proactive problem-solving
Empower managers with the ability to proactively schedule breaks, treating them as an essential part of the workday.
Hold managers accountable for ensuring their teams take full, compliant breaks.
Timeero's break reporting tools allow managers to spot trends and take proactive steps toward optimizing break compliance.
Establish a clear, consistent process for addressing violations, including both corrective action and if necessary, consequences.
Be prepared for unforeseen circumstances or staffing shortages – work with managers in advance to develop compliant solutions like staggered breaks, temporary help, or adjusted workflows.
California meal break law: your path to proactive compliance
Don't wait for a missed break to become a costly penalty. Timeero simplifies the process and gives you peace of mind.
If you’re ready to take the next step toward simplifying California break tracking and explore Timeero’s features, sign up for a free trial today.
California meal break law: FAQ
How many hours can an employee work without a break in California?
Under California break laws, an employee can work up to four hours without a rest break and five hours without a meal break. Once those thresholds are crossed, the break must be provided — or premium pay may be owed.
How many breaks do you get for working an 8-hour shift in California?
In California, non-exempt employees working an 8-hour shift are entitled to two paid 10-minute rest breaks and one unpaid 30-minute meal break. However, some industries or job types may have specific exceptions to these general rules.
Are salaried employees entitled to meal and rest breaks?
Salary alone does not determine break rights. Non-exempt salaried employees are fully entitled to meal and rest breaks. Properly classified exempt employees are generally not covered by wage-order rest break rules and are often not covered by meal-period rules. Still, misclassification, wage orders, or employment agreements can change this. This is why correct classification is critical.
Can employees waive their meal breaks in California?
Yes — but only in limited situations.
- The first meal break may be waived if the shift is 6 hours or less
- The second meal break may be waived if the shift is 12 hours or less and the first meal break was taken
- Waivers must be voluntary, revocable, and properly documented
Meal break waivers are one of the most common compliance mistakes.
Can employees waive rest breaks?
Employees may voluntarily skip rest breaks, but employers cannot pressure, encourage, or incentivize this. If rest breaks are missed due to workload, staffing, or scheduling, liability generally falls on the employer.
What happens if a meal or rest break is missed?
The employer owes premium pay:
- One additional hour of pay for a missed meal break
- One additional hour of pay for a missed rest break
Premium pay is capped at two hours per employee per workday, but it can add up quickly across pay periods and employees.
Are meal and rest break violations a common source of lawsuits?
Yes. Break violations are among the most frequently litigated wage-and-hour issues in California. Because they are record-based, plaintiffs’ attorneys often rely on timekeeping data alone, especially in PAGA claims.
How long should employers keep break records?
At a minimum, 3 years. Many employers retain records for 4–5 years due to wage-statement rules and PAGA exposure. Incomplete or missing records significantly increase legal risk.
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