Meal Periods and Rest Breaks

Meal Periods and Rest Breaks

When an employer fails to provide a legally compliant meal or rest break, California law may require the employer to pay the employee an additional hour of pay at the employee's regular rate of compensation for each workday in which a compliant meal period or rest period was not provided.

Meal Periods

California law provides some of the strongest workplace protections in the country, including rules that require employers to provide employees with meal and rest breaks during the workday.

In most cases, employees who work more than five hours in a day must receive an uninterrupted meal break of at least 30 minutes. Employees who work more than 10 hours in a workday are generally entitled to a second 30-minute meal break. Under limited circumstances, the second meal period may be waived by mutual agreement, but only if the employee works no more than 12 hours and did not waive the first meal period.

In certain industries or job positions, employees may take an on-duty meal period only when the nature of the work makes it impractical to be relieved of all duties. These arrangements are subject to strict legal requirements, must typically be documented in a written agreement, and are generally revocable by the employee at any time.

Rest Breaks

California employees are also generally entitled to paid 10-minute rest breaks for every four hours worked, or a major fraction of four hours. Rest breaks are considered paid time, and employers may not require employees to remain on duty or clock out while taking them.

Schedule a Free Consultation

Because California's meal and rest break laws contain numerous exceptions, industry-specific rules, waiver provisions, and other legal nuances, every situation should be evaluated based on its specific facts. If you believe your employer has denied you legally required meal or rest breaks, our firm can review your circumstances, explain your rights, and help you understand the legal options available to you.

If you believe your employer is not providing you with adequate meal and rest breaks, contact our Glendale unpaid wage lawyers for a FREE consultation.