California law gives most hourly workers a paid 10-minute rest break for every four hours worked. They also get an unpaid 30-minute lunch once a shift goes past five hours. A second 30-minute meal period kicks in after 10 hours. If an employer skips a required break, it owes the worker one extra hour of pay for that day.
Those are the basics as of October 2026. The rules apply statewide, so a worker in Los Angeles, Fresno or San Diego has the same break rights. For more local explainers, see our Los Angeles and California guides.
Break entitlement by hours worked
The table sums up what a non-exempt adult worker gets in a single workday. It follows Labor Code section 512 and the rest period rules in the state wage orders.
| Hours worked in the day | Paid 10-minute rest breaks | Unpaid 30-minute meal periods |
|---|---|---|
| Under 3.5 hours | None required | None required |
| 3.5 to 5 hours | 1 | None required |
| Over 5, up to 6 hours | 1 | 1 (can be waived by mutual consent) |
| Over 6, up to 10 hours | 2 | 1 (no waiver) |
| Over 10, up to 12 hours | 3 | 2 (second can be waived if the first was taken) |
| Over 12, up to 14 hours | 3 | 2 (no waiver) |
Each additional four hours, or major fraction of four, adds another rest break. In practice, a 15-hour shift earns four.
Rest breaks: 10 minutes for every four hours
A rest break is 10 net minutes, and the employer pays for it. That means it counts as time worked, and no wages can be taken out for it. The rule comes from the Industrial Welfare Commission wage orders, which the Labor Commissioner explains in its rest period FAQ.
The “major fraction” part matters. Anything over two hours counts as a major fraction of four. So a six-hour shift earns one rest break, while a shift of six hours and one minute earns two. Workers on shifts under three and a half hours do not get a rest break at all.
Timing should fall near the middle of each four-hour stretch when that is practical. Also, the employer must let the worker off duty for the full 10 minutes. The California Supreme Court ruled in 2016 that workers cannot be kept on call during rest breaks. Employers cannot make staff combine breaks with lunch or tack them onto the end of a shift to leave early, either.
Meal periods: 30 minutes before the end of the fifth hour
Under Labor Code section 512, no worker may go more than five hours without a meal period of at least 30 minutes. In plain terms, lunch has to start before the end of the fifth hour of work. If a shift starts at 8 a.m., the meal break must begin by 1 p.m.
The meal period is unpaid, but only if the worker is fully relieved of duty. The worker must be free to leave the premises and use the time as they like. If the boss keeps them on the floor, answering phones or watching a register, the time is paid and the break does not count. That said, employers do not have to police workers who choose to keep working on their own.
A second 30-minute meal period is required when the workday goes over 10 hours. It must begin before the end of the tenth hour. The Labor Commissioner’s meal period FAQ walks through these timing rules.
Meal break waivers
Two waivers exist, and both need mutual consent:
- First meal: can be waived only if the total workday is six hours or less.
- Second meal: can be waived only if the total workday is 12 hours or less and the first meal was not waived.
An employer cannot waive a break on its own. In 2025 a state appeals court upheld written waivers signed in advance, as long as they were voluntary and the worker could revoke them. Health care workers have one extra option under their wage orders. If they work shifts longer than eight hours, they may waive one of their two meal periods.
On-duty meal periods
Some jobs make it hard to step away. A lone overnight clerk at a gas station is a common example. For those cases, the wage orders allow an “on-duty” meal period, but only under strict conditions.
- The nature of the work must prevent the worker from being relieved of all duty.
- The worker and employer must agree to it in writing.
- The worker can revoke the agreement in writing at any time.
- The on-duty meal is paid as time worked.
Convenience for the employer is not enough. If another person could cover the post, the work does not qualify.
Premium pay: one extra hour per violation day
If a required break is not provided, Labor Code section 226.7 requires one extra hour of pay at the worker’s regular rate. For example, a worker earning $22 an hour who misses lunch on Tuesday is owed an extra $22 for that day.
- The cap is one meal premium and one rest premium per workday. So the most a worker can earn from missed breaks in one day is two extra hours.
- The “regular rate” includes nondiscretionary pay such as shift differentials and production bonuses, not just the base hourly wage. The state Supreme Court settled that in 2021.
- The premium counts as wages. Because of that, workers have three years to claim it.
- Late or short lunches count too. A meal that starts after the fifth hour, or lasts 25 minutes, can trigger the premium.
The same law also covers the cool-down “recovery periods” that heat illness rules require for outdoor and some indoor workers.
Exempt vs. non-exempt workers
These break rules protect non-exempt employees, which covers most hourly workers. Salaried executive, administrative and professional employees who meet the state’s duties test and salary floor are generally exempt. For 2026, that floor is twice the state minimum wage for full-time work, or $70,304 a year based on the $16.90 hourly rate.
Still, a job title or a salary alone does not make someone exempt. If a “manager” spends most of the day doing the same tasks as hourly staff, the exemption may not apply. In that case, the break rules and premiums apply too.
Independent contractors are not covered either. However, California’s ABC test makes many workers employees by default, and break rights follow that status.
Lactation breaks
Every California employer must give a reasonable amount of break time to an employee who needs to express breast milk. If possible, that time runs at the same time as the paid rest breaks. Any extra time beyond the normal rest break can be unpaid.
The employer must also provide a private space that is not a bathroom. It should be close to the work area, shielded from view, and have a surface, a place to sit, and access to electricity. The employer also needs to offer a sink with running water and a refrigerator nearby. Employers with fewer than 50 workers can claim an exemption only if a requirement would cause undue hardship.
Employers must also have a written lactation policy and hand it to new hires. Per the Labor Commissioner’s lactation accommodation page, a denied lactation break can lead to one hour of premium pay. Also, the state can cite the employer $100 for each day a worker is denied break time or space.
Special rules for some industries
Most workers fall under one of the state’s 17 industry wage orders, and the break rules are largely the same across them. Still, the statute carves out a few groups:
- Union carve-outs: Construction workers, commercial drivers, licensed security officers and utility workers can follow their contract’s meal rules. The union contract must pay at least 30% above the state minimum wage and include binding arbitration and overtime premiums.
- Film and broadcasting: Covered union workers follow the meal terms of their contract. Under the wage order, motion picture workers may go up to six hours before a meal.
- Wholesale bakers: Some workers under a qualifying union contract get 10-minute rest breaks every two hours instead.
- Security officers: Under a qualifying union contract, they may be required to stay on site and carry a radio during rest breaks.
Minors have their own work-hour limits, and farmworkers have heat-related rest rules. If you are in one of these groups, check the wage order for your industry.
How to file a claim for missed breaks
Start by writing down the dates and times you worked and when your breaks were cut short or skipped. Keep pay stubs too. Then you have two main routes.
- Wage claim with the Labor Commissioner. File at no cost by email, mail or in person, using the Initial Report or Claim form. The Labor Commissioner’s guide on how to file a wage claim lists the forms and documents. Next, the office usually sets a settlement conference, and if that fails, a hearing.
- A lawsuit in court. Some workers sue on their own, as part of a class action, or under the Private Attorneys General Act.
The deadline for break premiums is three years from the violation. In addition, employers cannot fire, demote or punish a worker for filing a claim. Retaliation is a separate violation you can report to the Labor Commissioner.
Break rules are only one part of California employment law. Hiring checks have their own limits too, as this 2017 piece on California employment screening shows.
This guide is general information, not legal advice.
Frequently asked questions
What is California law on lunch breaks?
Non-exempt workers get an unpaid, duty-free 30-minute lunch that starts before the end of the fifth hour of work. If the whole shift is six hours or less, both sides can agree to skip it.
Can my employer make me work through lunch in California?
Only through a written on-duty meal agreement, and only if the job truly cannot be covered by someone else. That time must be paid, and you can revoke the agreement in writing.
Are rest breaks paid in California?
Yes. The 10-minute rest breaks count as time worked, so the employer cannot deduct them from your pay.
How much do I get for a missed break in California?
One extra hour of pay at your regular rate for each workday a break was missed. You can get one premium for meals and one for rest breaks per day.
Do salaried employees get breaks in California?
Properly exempt salaried employees are not covered by the meal and rest break rules. However, a salaried worker who fails the duties test or earns under $70,304 a year in 2026 is non-exempt and is covered.
