California Meal Break & Rest Break Law (2018) – Quick Calculator + Charts

california meal break law, california rest break law

Under California meal break law (which is much more generous to employees than federal labor law), if you are a non-exempt worker, you are entitled to a 30-minute meal break if you work more than 5 hours in a workday.  You are also entitled to a 10-minute rest breaks for every 4 hours you work (or “major fraction” thereof). If your boss doesn’t comply with break law requirements, they are required to pay you one extra hour of regular pay for each day on which a meal break violation occurred, and another extra hour of regular pay for each day on which a rest break violation occurred.

Meal Break & Rest Break Calculator

This meal break and rest break calculator will tell you how many meal and/or rest breaks you are entitled to under California labor law.

Start of Your Shift (e.g., "9:00 am"): End of Your Shift (e.g., "5:00 pm"):
(The page will refresh after you press "calculate". Scroll down to see results in blue text.)


California Rest Break Law Chart

Hours on the Clock Rest Breaks
0 – 3:29 hrs 0
3:30 – 6 hrs 1
6:01 – 10 hrs 2
10:01 – 14 hrs 3
14:01 – 18 hrs 4
18:01 – 22 hrs 5

California Rest Break Requirements

  • Your boss must give you a rest break of at least 10 consecutive minutes that are uninterrupted.
  • Rest breaks must be paid.
  • If you work at least 3.5 hours in a day, you are entitled to one rest break. If you work over 6 hours, you are entitled to a second rest break. If you work over 10 hours, you are entitled to a third rest break.
  • Rest breaks must to the extent possible be in the middle of each work period. If you work 8 hours or so, you should have a separate rest break both before and after your meal break.
  • Your boss may not require you to remain on work premises during your rest breaks.
  • You cannot be required to work during any required rest breaks. [Cal. Lab. C. 226.7]. BUT, you are free to skip your rest breaks provided your boss isn’t encouraging or forcing you to.

California Meal Break Law Chart

Hours on the Clock Meal Breaks
0 – 5 hrs 0
5:01 – 10 hrs 1
10:01 – 15 hrs 2
15:01 – 20 hrs 3
20:01 – 4

California Meal Break Law Requirements

  • If you work over 5 hours in a day, you are entitled to a meal break of at least 30 minutes that must start before the end of the fifth hour of your shift. BUT, you can agree with your boss to waive this meal period provided you do not work more than 6 hours in the workday. You can also agree with your boss to an on-duty meal break which counts as time worked and is paid.
  • If you work over 10 hours in a day, you are entitled to a second meal break of at least 30 minutes that must start before the end of the tenth hour of your shift. You can agree with your boss to waive the second meal break if you do not work more than 12 hours and you did not waive your first meal break.
  • You must be allowed to take your meal break off work premises and spend your break how you wish, since it is off the clock.
  • You cannot be required to work during any required meal break. [Cal. Lab. C. 512].
  • As of 2012, your boss has an affirmative obligation to ensure that breaks are made available to you but the actual taking of meal breaks is left to the employee. In other words, you are responsible for “breaking” yourself.

Note, rest breaks and meal breaks are supposed to be separate, they should not be combined. Your boss cannot give you a single 1-hour break and say that that counts as all of your meal breaks and rest breaks.

Keep in mind, there are many exceptions to the above for certain industries, such as the construction, healthcare, group home, motion picture, manufacturing, and baking industries.

Can I Sue My Employer for Violating California Meal Break and Rest Break Law?

Yes you can, and you should. If your employer is denying you meal breaks and rest breaks, you would be entitled to receive a penalty of 1 hour wages per day you were denied any rest breaks, and an additional penalty of 1 hour wages per day you were denied any meal breaks (for a maximum penalty of up to 2 hours wages per day). We can help you file a California labor board complaint. Give us a call at (213) 992-3299. Note, your claims are subject to strict filing deadlines. For meal and rest break violations, the filing deadline is usually considered to be 3 years thanks to a recent California Supreme Court decision. [Murphy v Kenneth Cole Productions, 40 Cal.4th 1094 (2007)], but in certain cases, a 1 year filing deadline could apply.

I Am an Exempt Salaried Worker, Can I Still Sue My Employer?

The correct answer is “it depends”. There are many kinds of exemptions under California labor laws. If you are a supervisor, you may fall under the supervisor exemption, otherwise known as the executive exemption. But that exemption has many requirements which your employer may have blown. Also, other kinds of exempt employees are still entitled to meal break and rest break rights. For instance, truck drivers are often considered exempt. However, under California labor laws, they must still receive their meal breaks and rest breaks. Another example are “inside salespeople” who sell products or services while physically stationed at the employer’s office. While normally considered “exempt”, they are still entitled to meal breaks and rest breaks. Again, consult a lawyer to see if your situation qualifies for breaks.

Call (213) 992-3299 and Get Your Labor Board Complaint Started Now

Feel free to give us a call at (213) 992-3299 if you want to discuss filing a labor board complaint. We have successfully obtained awards for our clients in over 97% of our trials and hearings — one of the best trial records in the State of California. Let us put our decades of legal experience to work for you.

Photo courtesy of cjmellows

2,219 Comments

  1. Trevor on October 17, 2018 at 4:43 pm

    I have a question that I am not seeing asked on the thread. My company is interpreting the lunch laws in a manner I find odd. They are requiring employees to take a 30 minute rest period for each 5 hour period worked regardless of total hours worked. So for example, if I came in at 9 AM and clocked out for lunch at 11 am, when I return back at 11:30 am I’ve worked 2 hours. They would then require us to clock out no later than 4:30PM for another lunch to avoid hitting a contiguous 5 hours (11:30 am – 4:30 pm = 5 hours). In this example, I’ve only worked a total amount of 7 hours for the day and am being forced to stay at work an additional 30 minutes to take a 2nd meal break so that I can return and complete my last hour for my full 8 hours. Is this interpretation by the company correct? It is actually a burden for someone like me who works 9 hours quite often because it forces me to wait until at least the 4 hour mark in the day to take a lunch so that I do not have to clock out for a 2nd one later. I am a non-exempt employee and it is driving me crazy that the rules are being enforced like this and want to know if this is actually the law.

  2. Jerry on October 17, 2018 at 1:51 pm

    I work at a school and I’m contracted to work a 6 hour day. It ends up being a 7 hour day because they give us an hour lunch instead of 30 minutes. I went in to tell them that I wanted a 30 minute lunch or pay me for the extra half an hour if you want me here all day. They said no to the 30 minute lunch. Is this legal for them to give me an hour lunch on a 6 hour work day?

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