California's Meal and Rest Break Rules
California requires most non-exempt employees to receive unpaid meal breaks and paid rest breaks on a schedule tied to how long their shift runs. These aren't optional perks, they're legal requirements, and missing one generally entitles you to an extra hour of pay as a premium, on top of your regular wages for the day.
Key Points
- A 30-minute unpaid meal break is generally required once a shift exceeds 5 hours, and a second once it exceeds 10 hours.
- A paid 10-minute rest break is generally required for every 4 hours worked, or major fraction of 4 hours, starting at 3.5 hours.
- Meal breaks can sometimes be waived by mutual agreement on shorter shifts.
- A missed, shortened, or late meal or rest break generally owes a at your regular rate.
What This Calculator Doesn't Account For
It applies the standard statewide schedule, it doesn't know about a collective bargaining agreement with its own break terms, an on-duty meal agreement in industries like healthcare or security where that's permitted, or whether your specific role qualifies for an exemption. It also doesn't verify whether breaks you were owed were actually provided, only how many should have been.
California generally requires a 30-minute unpaid meal break after 5 hours (a second after 10), and a paid 10-minute rest break for roughly every 4 hours worked starting at 3.5 hours. Missing a required break generally owes an extra hour of pay per violation, up to two premiums a day.
Frequently Asked Questions
How many rest breaks am I owed?
Generally one for a shift of at least 3.5 hours, plus one more for each additional 4 hours worked or major fraction of it.
How many meal breaks am I owed?
Generally one after 5 hours, and a second after 10 hours, though the first can sometimes be waived on shorter shifts.
What if my employer doesn't give me a required break?
You're generally owed an extra hour of pay at your regular rate for each violation, up to two premiums per day.
Keep Reading
This calculator and article provide general educational information and are not individualized legal advice, and may not reflect the most current law. Reading this page does not create an attorney-client relationship with the Law Offices of Corey A. Pingle. Some workplace concerns may be resolved directly with an employer, while others may warrant legal guidance. If you’d like guidance specific to your situation, contact our office or start a free case review.