Understanding California labor laws around meal and rest breaks is key to protecting both employers and employees. California’s break laws clearly outline when and how workers should take meal, rest, and breastfeeding breaks, as well as applicable penalties for when these rights are denied.
This article explains everything you need to know about employee breaks in California to help you stay informed and compliant with state regulations.
This Article Covers
- Rest Breaks in California
- Meal Breaks in California
- Breastfeeding Breaks in California
- Penalties for Violating Break Laws in California
Rest Breaks in California
Most non-exempt employees in California are entitled to a 10-minute paid rest break for every four-hour shift, or a major fraction thereof. A “major fraction” of four hours means anything more than two hours.
For example, if an employee works three hours in a shift, that counts as a major fraction of four hours and entitles them to a 10-minute rest break during their shift.
Rest breaks must be scheduled in the middle of the work period.
An employee’s total rest break duration is also based on the total hours worked daily. However, employers are not required to offer these breaks if an employee works fewer than 3.5 hours in a day.
During rest periods, an employer cannot restrict their employee from leaving the work premises, and the employee must be relieved from all duties. Moreover, a rest break tracking only begins when the employee reaches an area that is designated for rest at work. California law requires employers to provide an appropriate rest area that is not a toilet to help employees rest at work.
Exceptions to Rest Break Laws in California
Certain occupations require special rules regarding rest periods.
Rest Breaks for Outdoor Workers in California
Outdoor workers get additional rest breaks whenever they need to cool off in the shade to prevent heat illness.
Rest Breaks for 24-Hour Residential Care Facilities Employees in California
Some employees in 24-hour residential care facilities may have limited rest breaks in special situations. This applies to employees who care for minors or work with elderly, blind, or developmentally disabled residents.
If an employee is solely responsible for residents, the employer may require them to stay on-site and supervise during rest periods without penalty. However, if the employee’s break is interrupted to attend to residents’ needs, the employer must provide another rest period.
Rest Breaks for Swimmers and Dancers in California
Swimmers, dancers, skaters, and other performers who are involved in strenuous physical activities are entitled to additional interim rest breaks during rehearsal or shooting.
Rest Breaks for Workers in On-Site Occupations in California
Employers can stagger or align rest breaks for on-site construction, drilling, logging, and mining workers with natural pauses in work to keep operations running smoothly. Employers may skip rest breaks for these workers only if stopping work would harm the product or process. In such cases, they must either give the missed break later the same day or pay the employee for the missed 10-minute rest periods at their regular pay rate.
Meal Breaks in California
Most employees working more than five hours a day are entitled to a 30-minute unpaid meal break in California. If an employee works for more than ten hours in a day, they are entitled to an additional 30-minute unpaid meal break.
Employees can waive their meal break under certain circumstances, including:
- If an employee’s total daily work hours are six or fewer, the first 30-minute meal break can be mutually waived off by the employee and the employer.
- If the employee works over ten hours but less than 12 hours, they can choose to skip the second 30-minute meal period with mutual consent, only if they have not skipped the first break.
Meal breaks in California are only paid if the employer requires their worker to stay on work premises, even if the employee is not engaged in work.
Meal Breaks for Motion Picture Employees in California
Some employees are covered by different meal break laws in California. Employees in the motion film industry must be given a 30-minute to one-hour-long meal break within six hours of starting work. They must be given another meal break within six hours of the time when their first meal break ended.
“On-Duty” Meal Breaks in California
If an employee is not completely relieved of their work duties during the 30-minute meal break and/or is not free to leave the work premises, it counts as an “on-duty” meal period. This time is considered hours worked and must be paid at the employee’s regular pay rate.
However, in California, an on-duty meal period is only allowed when:
- The nature of an employee’s job makes it impossible to leave their post. Some job types that may qualify for this include being the only worker in a coffee kiosk, an all-night store, or as a security guard at a remote site.
- The employee and the employer have agreed to an “on-duty” paid meal period through a written agreement. This agreement must also say that an employee may cancel it anytime in writing.
Additional Rules Regarding Meal Breaks in California
- If an employee is required to eat on the work premises, the employer must provide a clean and suitable eating area. This rule doesn’t apply to workers in construction, drilling, logging, or mining industries, though their employers must instead provide clean water, soap, and single-use towels for hand washing.
- If an employee’s meal break is scheduled at the start or end of the employee’s shift, or between 10 p.m. and 6 a.m., employers must offer a sheltered space and a means to heat or get hot food and drinks.
- Motion picture industry employees who work past 12 o’clock midnight must be provided with hot meals and drinks, except for off-production staff who normally work after midnight.
Breastfeeding Breaks in California
All employers in California, including state and local agencies. must offer reasonable break time whenever an employee needs to express breast milk for their infant child, under California Labor Code Section 1030.
If possible, this break time should overlap with regular, authorized breaks. If it doesn’t, the breastfeeding break doesn’t have to be paid.
Penalties for Violating Break Laws in California
Penalties for Missed Rest and Meal Breaks in California
If an employer in California fails to provide required rest breaks, they must pay the employee one extra hour of pay at their regular rate for each workday a rest break is missed.
Additionally, if an employer in California fails to provide a meal break, the employee is entitled to one additional hour of pay at their regular rate for that day. However, this additional hour doesn’t count toward overtime calculations in California.
Failure to provide breastfeeding breaks or an appropriate place to express milk at work can result in penalties for employers in California, requiring employers to pay one hour of wages to the employee for each violation claimed by the employee.
An employee may also file a complaint with the Labor Commissioner’s Bureau of Field Enforcement (BOFE), which can fine an employee $100 for each day a nursing employee is refused a breastfeeding break or adequate accommodations.
If an employer doesn’t provide rest or meal breaks, and also fails to pay the additional one-hour pay penalty, the employee may file a wage claim with the California Division of Labor Standards Enforcement or take legal action in court.
Employees have three years to file a claim for missed rest or meal breaks from the date of violation.
Penalties for Violations of Breastfeeding Break Requirements
If an employer denies breastfeeding break time or an adequate space to express milk, the employee can file a wage claim to recover one hour of pay per violation, according to California Labor Code Section 1033.
They can also report it to the California Labor Commissioner’s Bureau of Field Enforcement (BOFE), which may fine the employer $100 for each day the violation occurs.
Penalties for Retaliation Against Employees for Using Their Rights to Break
Employers must not retaliate against employees for using their break rights. If an employer retaliates against employees (reduces their wages or threatens them based on their immigration status), employees can file a complaint with the California Labor Commissioner’s Office. The employer may be ordered to reinstate wages and pay penalties.
Important Cautionary Note
When making this guide, we have tried to make it accurate, but we do not give any guarantee that the information provided is correct or up-to-date. We advise you to seek advice from qualified professionals before acting on any information provided in this guide. We do not accept any liability for any damages or risks incurred from the use of this guide.
