Short answer. A 30-minute meal period when the workday runs more than 5 hours, and a second one past 10 hours. Unpaid only if the employee is relieved of all duty. A paid 10-minute rest period for each 4 hours worked or major fraction of 4 hours. None is required when the whole workday is under 3.5 hours.
California breaks at a glance
- Meal break
- A 30-minute meal period when the workday runs more than 5 hours, and a second one past 10 hours. Unpaid only if the employee is relieved of all duty.
- Rest breaks
- A paid 10-minute rest period for each 4 hours worked or major fraction of 4 hours. None is required when the whole workday is under 3.5 hours.
- Paid?
- Meal: unpaid if the employee is relieved of all duty; rest: paid.
- Law
- Labor Code 512 and 226.7; IWC Wage Orders, section 11 (meals) and 12 (rest)
- Agency
- California Labor Commissioner's Office (DLSE)
In California's words
Meal break
"may not employ an employee for a work period of more than five hours per day"
Rest breaks
"a net ten consecutive minutes for each four hour work period, or major fraction thereof"
Breaks by shift length in California
For an adult working the hours in one stretch, California's rule as we read it calls for:
| Shift | Meal break | Rest breaks |
|---|---|---|
| 3 hours | None yet | None yet |
| 3½ hours | None yet | 10 minutes |
| 4 hours | None yet | 10 minutes |
| 5 hours | None yet | 10 minutes |
| 5½ hours | 30 minutes | 10 minutes |
| 6 hours | 30 minutes | 10 minutes |
| 6½ hours | 30 minutes | 10 minutes and 10 minutes |
| 8 hours | 30 minutes | 10 minutes and 10 minutes |
Other shift lengths: open the checker set to California.
Who the California rule covers
Most non-exempt employees under the IWC wage orders. Motion pictures, health care, construction, drilling, logging and mining have variations the Labor Commissioner's pages describe.
Waivers and exceptions in California
The first meal period can be waived by mutual consent if the workday is no more than 6 hours; the second, if the workday is no more than 12 hours and the first wasn't waived. An on-duty meal period needs a written agreement the employee can revoke in writing at any time, and is allowed only when the work prevents relieving the employee of all duty.
If a California employer misses a break
One additional hour of pay at the regular rate for each workday a meal period isn't provided, and one more for each workday a rest period isn't provided. The extra hour isn't counted as hours worked for overtime.
Worth knowing in California
If the employer requires the employee to stay on the premises during a meal period, the Labor Commissioner says the period must be paid even if no work is done.
Not stated on the California pages we read: a separate rule for minors.
Official California sources
- California DLSE: Meal periods FAQ (checked November 2026)
- California DLSE: Rest periods FAQ (checked November 2026)
California rules as published on the pages above, checked November 2026. General information, not legal advice; we are not lawyers. A union contract, an industry order or a city ordinance can add to them.
California break questions
When is a meal break required in California?
A 30-minute meal period when the workday runs more than 5 hours, and a second one past 10 hours. Unpaid only if the employee is relieved of all duty. California Labor Commissioner's Office (DLSE) puts it as "may not employ an employee for a work period of more than five hours per day."
How many rest breaks does California require?
A paid 10-minute rest period for each 4 hours worked or major fraction of 4 hours. None is required when the whole workday is under 3.5 hours.
Is a meal break paid in California?
On the official page we checked, the meal break is unpaid if the employee is relieved of all duty. If the employee has to keep working or stay on duty, the time is paid.
Can a California employee skip or waive a break?
The first meal period can be waived by mutual consent if the workday is no more than 6 hours; the second, if the workday is no more than 12 hours and the first wasn't waived. An on-duty meal period needs a written agreement the employee can revoke in writing at any time, and is allowed only when the work prevents relieving the employee of all duty.
Who is covered by the California break rule?
Most non-exempt employees under the IWC wage orders. Motion pictures, health care, construction, drilling, logging and mining have variations the Labor Commissioner's pages describe.
What happens if a California employer skips a required break?
One additional hour of pay at the regular rate for each workday a meal period isn't provided, and one more for each workday a rest period isn't provided. The extra hour isn't counted as hours worked for overtime.
All states: meal and rest break laws by state · Colorado