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California Lunch Break Requirements
The meal and rest break rules for California non-exempt employees, and what to do when a break is missed.
A real, editable checklist below — tick, tap a line to rewrite, drag to reorder.
Tick the circles, tap any line to change it, drag the dots to reorder.
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The first 30-minute meal break has to start before the end of your fifth hour. A second one is due on longer shifts: most sources say ten hours or more, while Keka says the shift must exceed ten. Rest breaks run separately: ten paid minutes for every four hours worked, or a major fraction of that. This list covers the meal break rules, then rest breaks, then what to do when a break is missed. It assumes you are a non-exempt employee in California, as the sources describe. It leaves out other states and exempt roles. For your own case, check with the Labor Commissioner's office or an employment lawyer.
Why these items are on the list
- Confirm you are non-exempt. Sources describe these rules for non-exempt employees; exempt status can change which breaks apply.
- Count your shift hours. How many breaks you are owed depends mainly on the length of your shift.
- Get a 30-minute meal break. Sources differ at the edge: five hours or more, or more than five. Usually unpaid when fully off duty.
- Start it before hour five ends. The first meal break must begin before the end of your fifth hour of work.
- Waiver for shifts up to six hours. Both you and your employer must agree to waive it. Sources say six hours or less; one says in writing.
- Check the second meal break trigger. Sources say ten hours or more. Keka says the shift must exceed ten hours.
- Check second-break waiver limits. Sources differ: under 12 hours, up to 12, or working 12. Only applies if first meal break was not waived.
- Be fully off duty. Unpaid meal time generally means relieved of all duties, and you may leave the premises. On-duty agreements are an exception.
- Check pay if kept on site. Required on-site time is generally paid. Sources differ on whether a written on-duty agreement allows unpaid meals.
- Check any on-duty agreement. On-duty meal periods are lawful only if the job requires it and you agreed in writing.
- Take 10-minute paid rest breaks. A paid 10-minute break per four hours or major fraction over two hours; sources differ at exactly 3.5 hours.
- Time rest breaks near the middle. Rest breaks should fall near the middle of each work period, as far as practical.
- Know the 3.5-hour rest threshold. No rest break is required if you work less than three and a half hours in a day.
- Know pay for missed breaks. A missed meal or rest break can mean one extra hour of pay at your regular rate.
- Know where to file a complaint. Complaints go to the Division of Labor Standards Enforcement, also called the Labor Commissioner.
- Talk to a California employment attorney. One source notes some claims have strict deadlines, so ask a wage and hour attorney about your own situation.
Keep it open on your phone and tick each line as it applies to your shift. Anything left unticked is a question to ask.
When to use it
Use it when you start a California job, change shifts, or suspect a break was missed.