Laws Regarding Meal and Rest Breaks in California
Written by Eli Hamblet - January 17, 2025
In California, employee rights regarding meal and rest breaks are established by both state labor laws and specific regulations outlined by the California Department of Industrial Relations (DIR). These laws are designed to protect workers, ensuring they are not overworked and have time to rest and refresh during their shifts. Understanding the rules for meal and rest breaks is crucial for both employers and employees to ensure compliance and avoid potential legal issues.
Meal Breaks in California
California law requires employers to provide employees with a meal break during their workday. The meal break laws are governed by the California Labor Code and the Industrial Welfare Commission (IWC) Wage Orders. The specific requirements depend on the length of the employee’s shift.
1. Duration and Timing of Meal Breaks Under California Labor Code Section 512, employees who work more than five hours in a workday are entitled to a 30-minute meal break. This break must be provided no later than the end of the employee’s fifth hour of work. If an employee works more than 10 hours in a workday, they are entitled to a second 30-minute meal break. However, the second meal break must be provided no later than the end of the employee’s tenth hour of work.
2. Paid vs. Unpaid Meal Breaks Meal breaks in California are typically unpaid, provided the employee is completely relieved of all work duties during the break. This means the employee must be free to leave the premises, engage in personal activities, or relax without being expected to perform any work-related tasks. If an employee is not relieved of all duties during the break, it may be considered a work period, and the employer must compensate the employee accordingly.
3. Waiving Meal Breaks Employees who work shifts of six hours or less may voluntarily waive their meal break. However, this waiver must be mutual, meaning both the employee and the employer agree to it in writing. If the employee works more than 12 hours in a day, they may waive the second meal break, but only if the first meal break was also waived.
Rest Breaks in California
In addition to meal breaks, California law also mandates rest breaks for employees, providing necessary intervals during the workday to rest and recharge. The rules governing rest breaks are outlined in the IWC Wage Orders, and like meal breaks, they are designed to protect workers from excessive fatigue and ensure they can remain productive and healthy during their shifts.
1. Duration and Timing of Rest Breaks Employees are entitled to a rest break for every four hours worked or major fraction thereof. A “major fraction” is generally interpreted as more than two hours. Therefore, an employee working a shift of 6 hours or more must receive at least one 10-minute rest break, and those working 8 hours or more should receive two 10-minute rest breaks. For shifts longer than 12 hours, additional rest breaks may be required.
Rest breaks must be provided in the middle of the work period as much as possible. Employers cannot schedule rest breaks at the beginning or end of the shift, nor can they combine rest breaks with meal breaks to limit the total break time during the day.
2. Paid Rest Breaks Unlike meal breaks, rest breaks in California are considered paid time. Employees must be compensated for the rest breaks at their regular rate of pay. During these breaks, employees should be free from any job duties, including answering phones or attending meetings. If an employee is required to remain on duty during a rest break, the break may not count as a rest period, and the employer may be liable for compensation.
3. Rest Breaks for Employees Working in Certain Industries California law does not make exceptions to the requirement for rest breaks, even in high-intensity or high-demand jobs. However, employees working in certain industries or occupations, such as healthcare, may have more specific break requirements based on the nature of their work and the collective bargaining agreements in place. These situations should be clarified with the employer and union representatives if applicable.
Enforcement and Penalties for Non-Compliance
Failure to provide proper meal or rest breaks can result in legal consequences for employers. When employers violate these break laws, employees may be entitled to compensation for missed meal or rest breaks. California Labor Code Section 226.7 requires employers to pay one additional hour of wages at the employee’s regular rate for each day a required meal or rest break is missed or not provided in accordance with the law.
Additionally, repeated violations can lead to costly legal actions. Employees may file complaints with the California Division of Labor Standards Enforcement (DLSE), which investigates claims of labor law violations. Employers may also face civil penalties, lawsuits, and liability for back wages.
Conclusion
Meal and rest break laws in California are designed to ensure that employees are given sufficient time to rest and recharge during the workday. These laws apply to most employees in the state, with specific rules on the duration, timing, and compensation of breaks. Employers must provide employees with the appropriate breaks based on their work hours and must ensure that employees are completely relieved from duty during meal breaks. Rest breaks, unlike meal breaks, must be paid, and any violations of these laws can result in serious financial and legal consequences for employers.
If you are an employer and need assistance in understanding or complying with California’s meal and rest break laws, or if you are an employee who believes your rights have been violated, it’s important to seek legal advice. Please feel free to contact Jafari Law Group at (949) 362-0100 for professional assistance with any labor law concerns.