California Meal Break Calculator
| Hourly pay rate ($) | $10.00 |
| Shift Duration | 0.00 hrs |
| Total Hours Worked | 0.00 hrs |
| California Law Compliance | - |
| Estimated Wages | - |
Estimated wages exclude overtime and double-time pay. For more details, use the California Overtime Wage Calculator.
What are the California meal break laws?
California has specific meal break laws that require employers to provide unpaid, duty-free meal periods for employees working over 5 hours. These laws also mandate a second meal break for shifts exceeding 10 hours, with strict rules for waivers, timing, and compliance penalties. Employers must pay a meal break premium if they fail to meet these requirements.
What are the California meal break laws?
Under California law, employees must receive a 30-minute unpaid, duty-free meal break if they work more than 5 hours. This break must start no later than the end of the fifth hour. For shifts exceeding 10 hours, a second 30-minute meal break is required, starting no later than the end of the tenth hour. Employees may waive meal breaks under certain conditions, but strict rules apply. Employers who fail to provide these breaks owe a meal break premium as a penalty.
What is the penalty for missed meal breaks in California?
If an employer fails to provide a required meal break, they must pay the employee one additional hour of pay at their regular rate for each workday the break was missed or shortened. This is referred to as a meal break premium. It is a separate payment and does not count toward overtime calculations.
How do on-duty meal breaks work?
An on-duty meal break is allowed only if the nature of the work prevents the employee from being relieved of all duties and there is a written agreement between the employer and employee. This break is considered paid time. The agreement must allow the employee to revoke consent at any time. Examples include security guards working alone or a sole worker at a kiosk.
Do California meal break laws apply to all industries?
California’s meal break laws apply broadly but include exceptions for certain industries. In the motion picture industry, the first break must occur by the 6th hour, with subsequent breaks every 6 hours. Healthcare workers may have on-duty breaks due to patient care demands, while construction requires additional facilities like potable water and handwashing stations.
How are meal break violations reported or resolved?
Employees can file a wage claim with the California Division of Labor Standards Enforcement (DLSE) to recover unpaid premiums for missed or non-compliant meal breaks. Alternatively, employees can file a lawsuit in court to seek compensation. If the employer retaliates against an employee for reporting violations, the employee can file a retaliation complaint with the Labor Commissioner’s Office.
Can employees waive their meal breaks?
Yes, employees can waive their meal breaks under certain conditions. The first meal break can be waived if the shift is 6 hours or less, with mutual agreement between the employer and employee. The second meal break can be waived if the shift is 12 hours or less, but only if the first meal break was not waived. Waivers must be voluntary, and employers cannot pressure employees into waiving their breaks.
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Timewave's platform helps you manage shifts and comply with California meal break laws. Try Timewave for free today.
