Meal Breaks and Rest Period

California law requires employers to provide legally compliant meal breaks and rest periods. These rules are mandatory, and violations may trigger premium-pay penalties, under California Labor Code § 226.7.

Employees who work more than five hours a day are generally entitled to an unpaid, off-duty 30-minute meal period. A second 30-minute meal period is required for shifts longer than 10 hours. Meal periods must be uninterrupted and duty-free, and employees generally cannot be required to remain on call unless a valid on-duty meal period agreement applies because the nature of the work prevents full relief from duty. The first meal period may be waived by mutual agreement if the workday does not exceed six hours; the second may be waived if the shift does not exceed 12 hours and the first meal period was not waived.

Employees are also entitled to a paid 10-minute rest period for every four hours worked, or major fraction of four hours. When practicable, rest breaks should be provided near the middle of the work period and may not be used to shorten the workday.

If an employer fails to provide a compliant meal period, the employee is owed one additional hour of pay at the regular rate for that workday. If a compliant rest period is also missed on the same day, the employee may be owed a second additional hour of pay. These premium-pay obligations arise under California Labor Code § 226.7 and are a common basis for California wage claims.

Employers may owe one hour of premium pay for each day a compliant meal or rest break is not provided. Over time, these violations can accumulate quickly, making meal-and-rest-break claims a frequent issue in California employment law.

Employees have several options against employers that violate California meal break and rest period laws. They may file a claim with California’s Labor Commissioner’s Office at no cost. Or they may hire their own attorney and file a lawsuit in court.

If you believe that you have been denied meal breaks and/or rest periods, contact the Law Offices of Ugo O. Asobie. Free Consultation. Meal break and rest period cases are handled on contingency.