--- title: "California Meal and Rest Break Laws | MCC Solutions" description: "California break rules: 30 min, over 5 hrs for meals, 10 min from 3½ hrs for rest breaks, with California's own wording and a shift-length table." url: "https://mcc-solutionsnj.com/bookkeeping/meal-break-laws-california" --- Breaks · California # California meal and rest break laws When California requires a meal break, whether short rest breaks are required, the rule for young workers, and what California's official pages say about waivers, who is covered and missed breaks. [![Intuit ProAdvisor Gold tier badge](/img/credentials/intuit-proadvisor-gold.png)](https://proadvisor.intuit.com/app/accountant/search?searchId=matthew-coleman77)Gold tier in Intuit's ProAdvisor program. [See my Intuit listing](https://proadvisor.intuit.com/app/accountant/search?searchId=matthew-coleman77) Keeping your own books? Tallyfinch does invoices, bank import and reports on your computer. [See Tallyfinch](/bookkeeping/mcc-books-downloadable-bookkeeping-software) **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. Minors (12 to 17) Young workers get the same breaks as adults: a 30-minute uninterrupted unpaid lunch break when working more than 5 hours a day (it can be waived when the day is no more than 6 hours) and a paid net 10-minute rest break for every 4 hours worked (Labor Commissioner's Youth Advocate Program brochure for workers 12 to 17). 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** Hiring in another state? [Employer registration in California, done for you](/bookkeeping/out-of-state-employer-registration), or [a free bookkeeping health check](/bookkeeping/health-check). "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" **Minors** "If you work more than 5 hours per day, you get a 30 minute uninterrupted lunch break (not paid)" ## 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](/bookkeeping/meal-and-rest-break-checker?state=ca). ## 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. ## Official California sources - [California DLSE: Meal periods FAQ](https://www.dir.ca.gov/dlse/faq_mealperiods.htm) (checked November 2026) - [California DLSE: Rest periods FAQ](https://www.dir.ca.gov/dlse/faq_restperiods.htm) (checked November 2026) - [California Labor Commissioner's Office (DLSE): Youth Advocate Program brochure for young workers](https://dir.ca.gov/dlse/Youth-Advocate-Brochure.pdf) (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 breaks do minors get in California?** Young workers get the same breaks as adults: a 30-minute uninterrupted unpaid lunch break when working more than 5 hours a day (it can be waived when the day is no more than 6 hours) and a paid net 10-minute rest break for every 4 hours worked (Labor Commissioner's Youth Advocate Program brochure for workers 12 to 17). (Ages: 12 to 17.) All states: [meal and rest break laws by state](/bookkeeping/meal-and-rest-break-laws-by-state) · [Colorado](/bookkeeping/meal-break-laws-colorado) Tallyfinch ### Books you keep on your own computer Tallyfinch does invoices, bills, bank import, reconciliation and the main reports, in a file you own. $99 once, then $5 a month for updates; the app keeps working if you stop the plan. It does not do payroll or sales tax filing. The free download records up to 60 entries. 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