HR topics · Meal and rest breaks by state

Meal and rest breaks in California

California requires both meal periods and paid rest periods for most non-exempt employees.

When is a meal break required in California?

Employees must be provided at least a 30-minute meal period when they work more than five hours, no later than the end of the fifth hour. A second meal period is required for work periods of more than 10 hours, no later than the end of the tenth hour. Some waivers by mutual consent are allowed.

Does the meal break have to be duty-free?

Yes, unless the nature of the work prevents relief from all duty and there is a written agreement for an on-duty meal period, in which case it counts as paid time.

What about rest breaks?

Non-exempt employees must be authorized and permitted to take a paid rest period of at least 10 consecutive minutes for each four hours worked or major fraction of four hours (the Labor Commissioner treats more than two hours as a major fraction). No rest period is required if total daily work time is under three and a half hours.

General information, AI-prepared and checked against the official sources listed, not legal advice. Laws change, and cities, contracts and union agreements can add rules. Last reviewed October 2026. How answers are made