What Are California’s Requirements for Meal and Rest Breaks?

California meal and rest break laws are governed by the Labor Code and applicable IWC Wage Orders.

For non-exempt employees:

• A 30-minute unpaid meal period is required if the employee works more than 5 hours in a day. The meal break must begin before the end of the 5th hour.
• A second 30-minute meal period is required if the employee works more than 10 hours.
• A paid 10-minute rest break is required for every four hours worked or major fraction thereof.

If an employer fails to provide compliant meals or rest breaks, the employer owes one additional hour of pay at the employee’s regular rate for each day a violation occurs. These claims are a common basis for wage and hour class actions and PAGA litigation in California.