California meal and rest break law
The short answer
An employee working more than 5 hours per day must get a meal period of at least 30 minutes (½ hour); it may be waived by mutual consent if the workday is no more than 6 hours. (California Labor Code section 512 and IWC Orders (U.S. DOL WHD meal period table)) An employee working more than 10 hours per day must get a second meal period of at least 30 minutes; it may be waived by mutual consent if total hours are no more than 12 and the first meal period was not waived. (California Labor Code section 512 (U.S. DOL WHD meal period table)) Paid 10-minute rest period for each 4 hours worked or major fraction thereof, in the middle of each work period as practicable; not required when total daily work time is less than 3 and ½ hours. (California Industrial Welfare Commission Orders (U.S. DOL WHD rest period table))
Last verified Sep 24, 2026 · How we verify every rule
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Meal breaks
Do adult employees get a meal break?30 minutesVerified Sep 24, 2026 · 2 official sources
Second meal period: An employee working more than 10 hours per day must get a second meal period of at least 30 minutes; it may be waived by mutual consent if total hours are no more than 12 and the first meal period was not waived. (California Labor Code section 512 (U.S. DOL WHD meal period table))
“An employer may not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and employee only if the first meal period was not waived.”
“An employer shall not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and the employee only if the first meal period was not waived.”
dol.gov · leginfo.legislature.ca.gov · verified Sep 24, 2026 · 2 official sources
General rule: An employee working more than 5 hours per day must get a meal period of at least 30 minutes (½ hour); it may be waived by mutual consent if the workday is no more than 6 hours. (California Labor Code section 512 and IWC Orders (U.S. DOL WHD meal period table))
“½ hour, if work is for more than 5 hours per day, except when workday will be completed in 6 hours or less and there is mutual employer/employee consent to waive meal period.”
“An employer shall not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee.”
dol.gov · leginfo.legislature.ca.gov · verified Sep 24, 2026 · 2 official sources
Rest breaks
Do adult employees get paid rest breaks?10 min per 4 hoursVerified Sep 24, 2026 · 2 official sources
Paid 10-minute rest period for each 4 hours worked or major fraction thereof, in the middle of each work period as practicable; not required when total daily work time is less than 3 and ½ hours. (California Industrial Welfare Commission Orders (U.S. DOL WHD rest period table))
“California Paid 10-minute rest period for each 4 hours worked or major fraction thereof; as practicable, in middle of each work period. Not required for employees whose total daily work time is less than 3 and ½ hours.”
“Employers of California employees covered by the rest period provisions of the Industrial Welfare Commission Wage Orders must authorize and permit a net 10-minute paid rest period for every four hours worked or major fraction thereof.”
What it means for an employer
- Write down the break schedule for each shift length and give it to your staff.
- Short breaks you offer (about 5 to 20 minutes) count as paid work time under federal rules (U.S. DOL).
- A meal period can be unpaid only when the employee is completely relieved from duty (29 CFR 785.19).
- Record meal periods in your time system so you can show when each one started and ended.
The federal default
“Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the workweek and considered in determining if overtime was worked.”
“Bona fide meal periods are not worktime. Bona fide meal periods do not include coffee breaks or time for snacks. These are rest periods. The employee must be completely relieved from duty for the purposes of eating regular meals.”
State rules can add to the federal default. The California rules above are the ones we verified; for anything not covered, ask the state labor office.
Breaks: California and its neighbors
| State | Meal break | Rest break |
|---|---|---|
| California | 30 minutes | 10 min per 4 hours |
| Oregon | Verified: see rule | 10 min per 4 hours |
| Nevada | Not verified | Not verified |
| Arizona | Not verified | Not verified |
Only verified rules are shown. "Not verified" means we have not checked that state's rule yet; open its rulebook for the official source.
Related
Questions about California break laws
Do adult employees get a meal break in California?
Second meal period: An employee working more than 10 hours per day must get a second meal period of at least 30 minutes; it may be waived by mutual consent if total hours are no more than 12 and the first meal period was not waived. (California Labor Code section 512 (U.S. DOL WHD meal period table)) An employee working more than 5 hours per day must get a meal period of at least 30 minutes (½ hour); it may be waived by mutual consent if the workday is no more than 6 hours. (California Labor Code section 512 and IWC Orders (U.S. DOL WHD meal period table))
Do adult employees get paid rest breaks in California?
Paid 10-minute rest period for each 4 hours worked or major fraction thereof, in the middle of each work period as practicable; not required when total daily work time is less than 3 and ½ hours. (California Industrial Welfare Commission Orders (U.S. DOL WHD rest period table))
Sources (6)
- California Labor Code section 512 and IWC Orders (U.S. DOL WHD meal period table)
- California Labor Code section 512(a)
- California Industrial Welfare Commission Orders (U.S. DOL WHD rest period table)
- California DIR/DLSE Rest Periods FAQ
- U.S. Department of Labor: Breaks and meal periods
- 29 CFR 785.19 (Meal)
Checked Sep 24, 2026 · How we verify every rule · Report an error