California Rest Periods and Meal Break Laws

Do you receive paid rest periods and unpaid meal breaks?

California labor law requires that employees be given meal breaks (unpaid) and paid rest periods. The number of breaks or rest periods depends on the number of hours worked in a given day. Employers who fail to provide rest breaks and meal periods in violation of the law may be required to pay one additional hour of pay at the employee’s regular rate of pay for each workday that the rest breaks or meal period is not provided.

California Rest & Meal Break Law

Employees are generally entitled to a ten-minute rest break for every four hours worked. For example, an employee who works eight hours in a day is entitled to two ten-minute rest breaks. An employee who works at least five hours in a day is generally entitled to a thirty-minute meal period.

Employees who work six hours or less may waive their meal period if both the employee and the employer agree. Employees who work more than ten hours a day should receive a second meal period of at least thirty minutes. The second meal break may also be waived if an employee works no more than 12 hours in a work day and both the employee and the employer agree.

During the meal period, an employee must be relieved of all duty, otherwise the meal period will be counted as hours worked and paid at the employee’s regular rate of pay.

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Eric Gibbs

Dylan Hughes

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Girard Gibbs is a national litigation firm representing consumers, investors, employees, and small businesses in cases involving consumer protection, personal injury, securities, antitrust, and employment laws. The firm’s senior partners, Daniel Girard and Eric Gibbs, have been selected for inclusion in The Best Lawyers in America® 2012 and Northern California Super Lawyers, and have earned AV-Preeminent ratings from Martindale-Hubbell, recognizing them in the highest class of attorneys for professional ethics and legal skills.