Meal and Rest Break Laws in California

California requires a 30-minute meal period for work periods over 5 hours (a second one over 10 hours) and a paid 10-minute rest period for every 4 hours worked or major fraction of 4 hours.

Last checked October 2026. General information, not legal advice.

Meal break required: Yes
Meal break rule: 30 minutes over 5 hours; second 30 minutes over 10 hours; The first meal period may be waived by mutual consent if the workday is no more than 6 hours; the second may be waived if total hours are no more than 12 and the first was not waived.
Rest break required: Yes
Rest break rule: Paid 10 minutes per 4 hours or major fraction; Not required if total daily work time is under 3.5 hours. Rest time counts as hours worked.

Sources

Last checked October 2026

The rules in California

Does California law require meal breaks for adult employees?

Yes. Meal break required in California: yes.

How long is the required meal break in California, and when is it due?

Meal break rule in California: 30 minutes over 5 hours; second 30 minutes over 10 hours. The first meal period may be waived by mutual consent if the workday is no more than 6 hours; the second may be waived if total hours are no more than 12 and the first was not waived.

Does California law require rest breaks for adult employees?

Yes. Rest break required in California: yes.

How long are required rest breaks in California, and when are they due?

Rest break rule in California: Paid 10 minutes per 4 hours or major fraction. Not required if total daily work time is under 3.5 hours. Rest time counts as hours worked.

Where do the California meal and rest break laws come from?

The rules above come from Cal. Lab. Code 512, Cal. Lab. Code 226.7 and Cal. Code Regs. tit. 8, 11040. Each source is linked on this page. We last checked them in October 2026.

Good to know

If an employer fails to provide a required meal or rest period, the employee is owed one additional hour of pay at the regular rate for each workday it is not provided.

Rest period rules come from the Industrial Welfare Commission wage orders, such as Wage Order 4 (Cal. Code Regs. tit. 8, 11040).

What this means in practice

Put the break schedule in writing, for example in an employee handbook, and apply it consistently. State rules often depend on shift length, so the policy should say when a break is due and how long it lasts.

Under federal rules, short rest breaks are generally counted as paid work time, while a bona fide meal period during which the employee is fully relieved of duty usually does not have to be paid. If an employee is asked to stay at the workstation or answer calls, the meal period may count as work time.

Check whether a state rule covers your industry and workforce. Break laws can treat minors, health care workers, nursing mothers or employees under a collective bargaining agreement differently, and city ordinances may add requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.

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