Meal Break

What Is a Meal Break?

A meal break (also called a meal period) is an off-duty, unpaid break of at least 30 minutes that California employers must provide to non-exempt employees who work more than five hours in a workday. During this time, employees must be relieved of all duties and free to leave the premises.

California's meal break requirements are among the most protective in the nation and are governed by Labor Code Section 512 and the applicable Industrial Welfare Commission (IWC) Wage Orders. Unlike federal law, which has no meal break requirements, California mandates specific timing, duration, and conditions for meal periods.

California Requirements

First Meal Break

California employers must provide a meal break according to the following rules:

Work Hours	Meal Break Requirement
5 hours or less	No meal break required
More than 5 hours	One 30-minute meal break before the end of the 5th hour
More than 10 hours	Second 30-minute meal break before the end of the 10th hour
More than 15 hours	Third 30-minute meal break may be required under some Wage Orders

The "before the end of the 5th hour" language is critical. If an employee starts work at 8:00 AM, their meal break must begin no later than 12:59 PM (before they complete 5 full hours of work at 1:00 PM).

Second Meal Break

When an employee works more than 10 hours in a day, a second meal break must be provided before the end of the 10th hour of work. This second meal period may be waived by mutual consent if the total hours worked do not exceed 12 hours and the first meal period was not waived. See meal period waiver for details.

Duration Requirements

The meal break must be at least 30 minutes long. While employers may offer longer meal periods, they cannot require employees to take breaks longer than 30 minutes without compensation unless the extended time is truly voluntary.

Off-Duty Requirements

For a meal break to be compliant, the employee must be:

1. Relieved of all duties - The employee cannot be asked to monitor phones, wait for deliveries, or remain "on call"
2. Free to leave the premises - While employers cannot require employees to stay on-site, they also don't have to provide transportation off-site
3. In control of their time - The employee decides how to spend their break
4. Not subject to employer control - No restrictions on activities during the break

If any of these conditions are not met, the break may be considered an on-duty meal period, which has separate legal requirements.

Timing and Scheduling Best Practices

Early Meal Breaks

California law now permits "early" meal breaks in certain circumstances. Under Labor Code Section 512.1, employees may take their meal break before the end of the 6th hour if:

• The employee's shift is 6 hours or less, OR
• The meal period is provided before the end of the 5th hour

Late Meal Break Violations

When a meal break is provided late (after the end of the 5th hour), the employer must pay the employee one additional hour of pay at the employee's regular rate of pay. This is known as meal break premium pay.

Scheduling Recommendations

To maintain compliance, consider these scheduling practices:

• Build meal breaks into schedules - Don't leave meal break timing to chance
• Set automated reminders - Use scheduling software to alert supervisors when breaks are due
• Create break coverage plans - Ensure operations can continue while employees take breaks
• Document break times - Maintain accurate records on wage statements

Industry-Specific Rules

Some industries have modified meal break rules under specific IWC Wage Orders:

Healthcare Industry

Employees in the healthcare industry covered by Wage Order 5 may voluntarily waive one of their two meal periods if:

• They work more than 8 hours
• The waiver is in writing
• The waiver can be revoked at any time

Motion Picture Industry

Employees in the motion picture industry have specific meal break provisions under collective bargaining agreements that may differ from general requirements.

Commercial Drivers

Commercial drivers have meal break rules that interact with federal Department of Transportation regulations. The DLSE has provided guidance on how these rules apply.

Recording and Documentation

Timekeeping Requirements

Employers must maintain accurate records of:

• Start and end times of each meal period
• Total hours worked
• Any premium payments for missed or late meal breaks

Automatic Deduction Policies

California courts have ruled that automatic meal break deductions (where 30 minutes is automatically deducted from an employee's time) are problematic if:

• Employees are not actually receiving compliant breaks
• The system does not accurately reflect when breaks are taken
• Employees have no practical way to record missed or shortened breaks

Best Practice: Attestation Systems

Many employers implement meal break attestation systems where employees confirm they:

• Received their meal break opportunity
• Were relieved of all duties
• Took their full break or chose to waive it (where permitted)

Common Compliance Mistakes

Mistake 1: "Working Through" Culture

Even if employees voluntarily work through meal breaks, employers remain liable if they knew or should have known breaks were being missed and failed to take corrective action.

Mistake 2: On-Call During Breaks

Requiring employees to carry radios, respond to calls, or remain available during meal breaks converts the break into compensable work time.

Mistake 3: Short Staffing

Scheduling insufficient staff so that employees cannot realistically take breaks exposes employers to liability, even if breaks are technically "offered."

Mistake 4: Inconsistent Enforcement

Failing to enforce break policies consistently across all employees and departments can lead to claims and create evidence of a pattern of violations.

Penalties for Non-Compliance

When employers fail to provide compliant meal breaks, they face several consequences:

Premium Pay

One hour of pay at the employee's regular rate for each workday a compliant meal break was not provided. See meal break premium for calculation details.

Waiting Time Penalties

If meal break premiums remain unpaid at termination, they may be subject to waiting time penalties of up to 30 days of wages.

PAGA Claims

The Private Attorneys General Act (PAGA) allows employees to bring representative actions for meal break violations, potentially resulting in civil penalties of $100 per employee per pay period for initial violations and $200 for subsequent violations.

Class Actions

Meal break violations are among the most common bases for wage and hour class action lawsuits in California.

Examples

Example 1: Standard Shift

Scenario: Maria works from 9:00 AM to 5:00 PM (8 hours).

Requirement: Maria must receive a 30-minute meal break that begins before 2:00 PM (the end of her 5th hour).

Compliant Schedule:

• 9:00 AM - Start work
• 12:00 PM - Begin meal break
• 12:30 PM - Return from meal break
• 5:00 PM - End shift

Example 2: Long Shift

Scenario: David works from 6:00 AM to 6:00 PM (12 hours).

Requirement: David must receive two 30-minute meal breaks - one before 11:00 AM and one before 4:00 PM.

Compliant Schedule:

• 6:00 AM - Start work
• 10:00 AM - First meal break
• 10:30 AM - Return from first break
• 2:00 PM - Second meal break
• 2:30 PM - Return from second break
• 6:00 PM - End shift

Example 3: Short Shift with Waiver

Scenario: Jennifer works from 8:00 AM to 2:00 PM (6 hours).

Requirement: Jennifer must receive a meal break unless she signs a valid meal period waiver.

With Waiver: Jennifer may waive her meal break if she works 6 hours or less and both she and her employer mutually agree.

Frequently Asked Questions

Can employees choose to skip their meal break?

Only if they work 6 hours or less and both the employee and employer mutually agree to waive the meal break. This agreement should be documented. Employees cannot waive the first meal break for shifts longer than 6 hours.

Do employers have to force employees to take meal breaks?

Employers must provide the opportunity for a compliant meal break and cannot impede or discourage employees from taking breaks. However, California courts have clarified that employers are not required to "police" breaks or force employees to stop working.

Are meal breaks paid or unpaid?

Meal breaks are typically unpaid, provided the employee is completely relieved of all duties. If the employee performs any work during the meal period, the entire break may become compensable.

What if an employee clocks back in early from a meal break?

If an employee voluntarily returns early, the employer should document this and may want to implement policies requiring full 30-minute breaks to avoid compliance issues.