California Meal & Rest Breaks: 30-Minute Meals & Premium Pay

California Labor Code §512 requires a 30-minute meal period for shifts over 5 hours (a second for shifts over 10 hours), with limited waivers for shorter days. Paid 10-minute rest breaks — roughly one per 4 hours worked — are required by the Industrial Welfare Commission wage orders. If an employer fails to provide a required meal or rest break, it owes the employee one extra hour of pay for that day (Labor Code §226.7).

This is general information, not legal advice. Break rules and waivers depend on your schedule and industry — talk to a California attorney about your situation.

California gives most hourly employees the right to meal periods and rest breaks during the workday.

Meal periods (Labor Code §512)

You’re entitled to a 30-minute meal period for shifts over 5 hours, and a second 30-minute meal period for shifts over 10 hours. Limited waivers are available for shorter days.

Rest breaks

Paid 10-minute rest breaks are required by the Industrial Welfare Commission wage orders — roughly one rest break for every 4 hours worked. Because they’re paid, you don’t clock out for them.

Premium pay for missed breaks (Labor Code §226.7)

If an employer doesn’t provide a required meal or rest break, it owes the employee one extra hour of pay for that day under Labor Code § 226.7. This applies separately to meal and rest break violations.

What to do

If your breaks are routinely skipped or cut short, keep notes of the dates and times. For the bigger picture, start at the California employment law hub, and see our wages and overtime guide for related pay rules. To get matched with a local California employment attorney, connect with a lawyer.

Frequently asked questions

When am I entitled to a meal break in California?

Under Labor Code §512, you're entitled to a 30-minute meal period for shifts over 5 hours, and a second 30-minute meal period for shifts over 10 hours. Limited waivers are available for shorter days.

How many rest breaks do I get?

Paid 10-minute rest breaks are required by the Industrial Welfare Commission wage orders — roughly one rest break for every 4 hours worked.

What happens if my employer doesn't give me a break?

If an employer fails to provide a required meal or rest break, it owes you one extra hour of pay for that day under Labor Code §226.7. A California employment attorney can help you recover unpaid premiums.

Related guides

California At-Will Employment California Labor Code §2922 makes employment at-will: a job with no set term can be ended by either party. But California puts strong limits on that rule — you cannot be fired for an illegal reason, such as unlawful discrimination or retaliation (FEHA), whistleblowing (Labor Code §1102.5), or in violation of public policy (a Tameny wrongful-termination claim).

California Final Paycheck If an employer fires you, your final wages are due immediately under California Labor Code §201. If you quit, wages are due within 72 hours — or at the time of quitting if you gave at least 72 hours' notice (§202). If the employer willfully fails to pay on time, waiting-time penalties accrue at your daily rate for up to 30 days (§203).

California Paid Leave California requires paid sick leave under the Healthy Workplaces, Healthy Families Act of 2014 (Labor Code §245 et seq.). The California Family Rights Act (CFRA, Government Code §12945.2) provides up to 12 weeks of job-protected family/medical leave in a 12-month period for eligible employees (generally 12 months and 1,250 hours of service). California also pays partial wage replacement through State Disability Insurance and Paid Family Leave, administered by the EDD.

California Wages and Overtime California's overtime law (Labor Code §510) is more generous than federal law: 1.5x pay for hours over 8 in a day, over 40 in a week, and the first 8 hours on the 7th consecutive workday, plus double time (2x) for hours over 12 in a day and over 8 on the 7th consecutive day. The state minimum wage (Labor Code §1182.12) adjusts annually for inflation, and many cities and industries set higher minimums — always check the current rates.

California Workplace Discrimination The Fair Employment and Housing Act (FEHA), California Government Code §12940, prohibits employment discrimination and harassment based on protected characteristics — including race, religion, national origin, disability, sex, gender identity, age (40+), and sexual orientation. It's enforced by the California Civil Rights Department (CRD). Most provisions apply to employers with 5+ employees, while harassment rules apply to all employers. Federal laws also apply.

California Meal and Rest Breaks