California Break Laws (2026)

An employer may not employ an employee for a work period of 'more than five hours per day' without a meal period of not less than 30 minutes, which must be provided no later than the end of the 5th hour of work (i.e., before the start of the 6th hour). Employee must be relieved of all duty, free to leave the premises, and the employer must relinquish control and not impede or discourage the break (Brinker).

Who's covered

Nonexempt employees covered by the IWC Wage Orders (Orders 1-17, nearly all industries incl. agriculture and household). Exempt executive/administrative/professional employees are not covered. Special rules: motion picture industry (Order 12: no more than 6 hours without a meal); certain unionized construction, commercial driver, security, utility, and wholesale baking employees under qualifying CBAs (Lab. Code §512(c)-(g)).

Longer shifts

Second 30-minute meal period required for a work period of more than 10 hours per day, no later than the end of the 10th hour of work; it may be waived by mutual consent only if total hours worked are no more than 12 and the first meal was not waived.

Paid or unpaid

Unpaid if the employee is relieved of all duty for the full 30 minutes. Otherwise it is an 'on-duty' meal period counted as hours worked and paid at the regular rate; on-duty meals are allowed only when the nature of the work prevents relief from all duty (objective test, e.g., sole worker in a coffee kiosk) AND there is a written agreement that the employee may revoke in writing at any time.

Waivers

First meal may be waived by mutual consent if the total work period per day is no more than 6 hours. Second meal may be waived by mutual consent if total hours are no more than 12 and the first meal was not waived.

Exemptions

Exempt employees; motion picture industry (Order 12-2001 §11: no more than 6 hours without a meal, subsequent meal within 6 hours of the end of the prior one); specified CBA-covered construction, commercial driver, private security, electric/gas utility, and wholesale baking employees (Lab. Code §512(c)-(g)); health care employees under Orders 4/5 may waive one of two meal periods on shifts over 8 hours (Order 4/5 §11(D)).

Source: Cal. Lab. Code §§512, 226.7; IWC Wage Orders 1-2001 to 17-2001 §11 (e.g., 8 CCR §11040(11))

Employers must authorize and permit nonexempt employees to take a net 10 consecutive minutes of paid rest for each 4-hour work period 'or major fraction thereof,' based on total hours worked daily, insofar as practicable in the middle of each work period. DLSE treats anything more than 2 hours as a 'major fraction' of 4. Not required when total daily work time is less than 3.5 hours. 'Net' means the break starts when the employee reaches a rest area away from the work area; suitable resting facilities separate from toilet rooms are required.

How many: Under 3.5 hrs: 0; 3.5-6 hrs: 1 (10 min); more than 6 up to 10 hrs: 2; more than 10 up to 14 hrs: 3; and so on (derived from the DLSE 'major fraction = more than 2 hours' rule and 3.5-hour minimum).

Pay: Paid; counted as hours worked.

Source: IWC Wage Orders §12 (e.g., 8 CCR §11040(12)); Cal. Lab. Code §226.7

No separate general meal/rest rule for minors: the adult Labor Code §512 meal rules and Wage Order rest rules apply to minors the same way. Only minors in the entertainment industry have special rules (8 CCR §§11760-11761): meal periods are not work time, the workday may be extended up to one-half hour for a duty-free meal, and meals must be within 6 hours of call time or the previous meal.

Source: Cal. Lab. Code §512; IWC Wage Orders §§11-12; 8 CCR §§11760-11761 (entertainment)

Every employer, including public employers, must provide a reasonable amount of break time each time an employee needs to express milk for the employee's infant child; if possible it runs concurrently with existing break time. No age-of-child limit is stated. The employer must provide a room or other location, other than a bathroom, in close proximity to the work area, shielded from view and free from intrusion; it must be safe, clean, free of hazardous materials, have a surface for a pump and personal items, a place to sit, and access to electricity (or extension cords/charging stations), plus access to a sink with running water and a refrigerator suitable for storing milk in close proximity to the workspace. Employer may not demand medical documentation. Employers with fewer than 50 employees may be exempt from certain requirements if they show undue hardship; multi-employer/multitenant worksites and agricultural employers have different rules. Employers must also have a written lactation accommodation policy (Lab. Code §1034).

Pay: Unpaid beyond normal break time: time that runs concurrently with the paid 10-minute rest period is paid; additional time need not be paid.

Federal floor (PUMP Act): reasonable break time and a private space that isn't a bathroom for one year after birth, for nearly all employees; unpaid unless the employee isn't fully relieved of duty. Employers with fewer than 50 employees may be exempt only if compliance would cause undue hardship.

Source: Cal. Lab. Code §§1030-1034

One additional hour of pay at the employee's regular rate of compensation for each workday a compliant meal period is not provided, and a separate additional hour for each workday a compliant rest period is not provided (max one meal premium + one rest premium per day), Lab. Code §226.7. The premium is a wage with a 3-year statute of limitations (Murphy v. Kenneth Cole Productions). Lactation: one hour of pay per violation via §226.7 (Lab. Code §1033) and a $100 per day citation by the Labor Commissioner.

Under federal law, a “meal” break during which the employee keeps working is paid time — and can create unpaid overtime. Check the California overtime rules.