California Lunch and Break Law

July 27th, 2006 Posted by Sarah

In looking over current laws related to meals and breaks on the job, I found that California is one of 19 states regulating meals and breaks for employees.

For all employees working 5 hours or more consecutively, California state law stipulates that a meal period of 30 minutes or more must be provided. This does not apply if the total work per day of the employee is six hours or less and the right to take a meal break is mutually waived by both the worker and the employer. A second meal period of 30 minutes or more is required if the employee works 10 hours or more. This may again be mutually waived if the total working time for the day is less than 12 hours and only if the first meal period was not waived.

This 30 minute meal break may generally be unpaid, but only if the employee is completely relieved of his or her duties. If the worker must do any job duties during the meal break, or even if employees are required to stay on the job site during the break, it must instead be a paid meal break. An exception to this rule is sometimes found in situations where it is not practical for a worker to be completely relieved of his or her duties – for example, in the case of a gas station employee working the night shift alone. An “on-duty” meal period may be unpaid if both the employer and the employee agree to it in writing.

I also found it interesting that California law also mandates paid rest periods for non-exempt workers (typically these are employees paid hourly rather than on salary). For each four hour work period or “significant fraction thereof” (usually considered anything over two hours), a worker must be given a ten minute paid rest period. If an employee works less than three and a half hours in a given day, the rest period is not required. The law also stipulates that rest periods should be taken, as much as is practical, near the middle of that work period.

A thorough presentation of state and federal laws related to lunches and breaks may be found on the California Complete Labor Law Poster. This poster also presents the required notices for all areas of both state and federal labor laws.

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Posted in California, Employment Laws, Wage and Hour

  1. Posted by: Robert da Silva

    I have a question regarding waiving the break period for employees who work 6 or less hours, in the State of California. Does this waiving of the break period by worker and employer need to be documented? If so, is there a form that I can print to ensure that the waiving of a meal break is done so in a legal manner.

    Thank you,
    Robert da Silva

  2. Posted by: Amelia

    Thanks for reading the blog! For a detailed answer to your HR question, please post it at http://www.humanresouceblog.com.

    Thanks! Amelia

  3. Posted by: wen

    How many days can my employer require that I work without a day off?

  4. Posted by: Amelia

    Hi Wen! For a complete answer to this question, please post it on our HR forum at http://www.laborlawtalk.com. And thanks for reading the blog! Amelia

  5. Posted by: tamera

    Can an employer give you a verbal warning then write you up if you clock in 2 minutes early from a 30 minute lunch break?

    example… lunch is from 10:30-11:00… the clock in was at 10:58

  6. Posted by: Amelia

    Hi Tamera! For complete answers to this and al your HR questions, please post them on our sister site at http://www.laborlawtalk.com. And, thanks for reading the blog! Amelia

  7. Posted by: Christina

    Is it the Employer allowed to state in the Co. Handbook that employees can work through their lunch hour so long as it is a productive lunch hour? Isn’t it by law that all full time employees working more than 8 hour in a day be required to take at least a 30 minute lunch?

  8. Posted by: Amelia

    Hi Christina, California law does allow employees and employers to waive the meal period by mutual agreement. However, if the employee doesn’t want to, they don’t have to. For a more complete answer, please post your question on our sister site at http://www.laborlawtalk.com. And thanks for reading the blog! Amelia

  9. Posted by: Eric

    Is the break time part of an eight hour schedule? What I mean: if an employee is at work for eight hours, 30 mins of that time spent on break, does the employee still qualify for a 40 hour week? Thirty mins each day for 5 days = 2.5 hours out of a 40 hour work week.

  10. Posted by: Amelia

    HI Eric! This is up to the employer’s discreation. As long as the employee is completely relieved of all work duties, he or she need not be paid for the break. Some employers would schedule an employee for an 8.5 hour shift with a 30 minute break, 5 days per week, for 40 hours. Some employers would schedule the employee for an 8 hour shift with a 30 minute break, 5 days per week, for a 37.5 hour week. That’s entirely up to the employer.

    No, the break time is not necessarily counted as work time, unless the employee actually works during part of it. For a more complete discussion of this complex issue, please post it on our sister site at http://www.laborlawtalk.com. And thanks for reading the blogs! ~ Amelia

  11. Posted by: jorge ochoa

    What is the law for when you’re scheduled to work and you show up and as soon as you arrive they send you home? I work in car wash.

  12. Posted by: Amelia

    Hi Jorge! That’s an excellent question! If you were on the schedule, you may be entitled to a minimum number of hours under California law. Usually, it’s half your usual shift. So if you normally work 8 hours, you would be entitled to 4 hours of pay. For a complete answer, please post your question on our HR forum for employees at http://www.laborlawtalk.com. And thanks for reading the blogs!~ Amelia

  13. Posted by: sylvia

    I work from 8-5pm, My breaks & lunch are at 9:30 1st break,my lunch is at 11:30 and 2nd break is at 2:45. I would like to know if my lunch should be after 4 hours of work,which should be at 12:00. I work 8 hours a day,40 hours a week.I would rather go to lunch at 12,not 11:30.That is having breakfast.

  14. Posted by: Amelia

    Hi Silvia! Sorry, but you’re not going to get a lot of sympathy on this one. We just answered a question from a Texas employee who is required to work 10 or 11 hours every day, without any meal or rest breaks. Of course, this would be illegal in California.

    Many people would be very happy to be in your position. California law requires that an employee who works a shift of 5 hours or more receive a 30 minute meal break. The break must be before the 5th hour of work. However, there is no requirement that it be precisely at the 4th hour. Taking a lunch at 11:30 am or even 11:00 am is very reasonable. We are sorry that your lunch break is not at the precise time you would prefer. You can try posting your question at our sister site at http://www.laborlawtalk.com — maybe they’ll offer more sympathy. HTH, and thanks for reading the blogs!~ Amelia

  15. Posted by: virginia

    I know that California law requires that an employee who works a shift of 5 hours of more receive a 30 minute meal break. However, I start work at 6:45, get a break at 7:00 am to 7:30 am , and then forced to go to lunch at 9:00 am. Sometimes I don’t get another break till say maybe 2:00 pm. and I go home at 3:15. Does this sound legal or what? And when I’m on call I don’t go home till sometimes 7:00 pm or later without a second 30 minute break.

  16. Posted by: Amelia

    Hi Virginia! California requires that employees be given a paid 10 minute break for each 4 hours worked (or major fraction thereof.) So on an 8-hour shift, you should receive two 10-minute breaks. The law also requires that the break be as close to the middle of the 4-hour period as possible. While there is some flexibility here, taking a break 15 minutes after the shift starts is probably not within acceptable limits. Ideally, you would be taking your first break at 8:45.

    California requires that employees be given a 30-minute meal break AFTER 5 hours (unless the shift is completed in 6 hours or less, and the employee agrees to skip the meal break.) And, employees in most industries who work 10 hours or more are entitled to an additional meal break. So your employer is not in compliance with the law regarding meal breaks.

    You should probably be going on break at 8:45, to lunch beginning between 11:45 and 12 noon, and on your second break at 1:45, getting off at 3:15. If you continue to work, you should have an additional 30 minute meal break and 10 minute rest break. There is some flexibility in the law, but working 5 1/4 hours without a break is not acceptable.

    California law permits an employee to waive their rights to breaks. However, the law also permits employees to withdraw that waiver at any time. Talk to your employer and explain that you need breaks spread out during the day. If your employer is not flexible, contact the California Division of Labor Standards Enforcement about this issue. You can also post your questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

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