California Meal Break & Rest Break Law (2026) – Quick Calculator + Charts
Not getting all your breaks?
WageCop records your real shifts and automatically flags possible break issues based on your actual hours, not a what-if.
Built by Eugene Lee, the California employment lawyer behind this blog. Free to download and use.
This meal break and rest break calculator will tell you how many meal and/or rest breaks you are entitled to under California labor law. Just enter your shift start and shift end times and the calculator will explain your break rights. The law considers only time worked on the clock. Meal breaks are usually taken off the clock and are not be included in the calculation.
California Meal & Rest Break Calculator
Introduction
Under California meal break law (which is much more generous to employees than federal labor law), if you are a non-exempt worker, you are entitled to a 30-minute uninterrupted, duty-free meal break if you work more than 5 hours in a workday. You are also entitled to a 10-minute uninterrupted, duty-free rest breaks for every 4 hours you work (or “major fraction” thereof). If your boss doesn’t comply with break law requirements, they are required to pay you one extra hour of regular pay for each day on which a meal break violation occurred, and another extra hour of regular pay for each day on which a rest break violation occurred.
California Rest Break Law Chart
| Hours on the Clock | Rest Breaks |
|---|---|
| 0 – 3:29 hrs | 0 |
| 3:30 – 6 hrs | 1 |
| 6:01 – 10 hrs | 2 |
| 10:01 – 14 hrs | 3 |
| 14:01 – 18 hrs | 4 |
| 18:01 – 22 hrs | 5 |
California Rest Break Requirements
- Your boss must give you a rest break of at least 10 consecutive minutes that are uninterrupted.
- Rest breaks must be paid.
- If you work at least 3.5 hours in a day, you are entitled to one rest break. If you work over 6 hours, you are entitled to a second rest break. If you work over 10 hours, you are entitled to a third rest break.
- Rest breaks must to the extent possible be in the middle of each work period. If you work 8 hours or so, you should have a separate rest break both before and after your meal break.
- Your boss may not require you to remain on work premises during your rest breaks.
- You cannot be required to work during any required rest breaks. [Cal. Lab. C. 226.7]. BUT, you are free to skip your rest breaks provided your boss isn’t encouraging or forcing you to.
California Meal Break Law Chart
| Hours on the Clock | Meal Breaks |
|---|---|
| 0 – 5 hrs | 0 |
| 5:01 – 10 hrs | 1 |
| 10:01 – 15 hrs | 2 |
| 15:01 – 20 hrs | 3 |
| 20:01 – | 4 |
California Meal Break Law Requirements
- If you work over 5 hours in a day, you are entitled to a meal break of at least 30 minutes that must start before the end of the fifth hour of your shift. BUT, you can agree with your boss to waive this meal period provided you do not work more than 6 hours in the workday. You can also agree with your boss to an on-duty meal break which counts as time worked and is paid.
- If you work over 10 hours in a day, you are entitled to a second meal break of at least 30 minutes that must start before the end of the tenth hour of your shift. You can agree with your boss to waive the second meal break if you do not work more than 12 hours and you did not waive your first meal break.
- You must be allowed to take your meal break off work premises and spend your break how you wish, since it is off the clock.
- You cannot be required to work during any required meal break. [Cal. Lab. C. 512].
- As of 2012, your boss has an affirmative obligation to ensure that breaks are made available to you but the actual taking of meal breaks is left to the employee. In other words, you are responsible for “breaking” yourself.
Note, rest breaks and meal breaks are supposed to be separate, they should not be combined. Your boss cannot give you a single 1-hour break and say that that counts as all of your meal breaks and rest breaks.
Keep in mind, there are many exceptions to the above for certain industries, such as the construction, healthcare, group home, motion picture, manufacturing, and baking industries.
Can I Skip or Waive My Breaks?
Employers are required by law to make timely meal and rest breaks available to you, but they aren’t required to make you take them. That is up to you as the employee. If you decide to voluntarily skip or waive your meal or rest break, or to take them late, with no pressure or encouragement from the employer, then that is legally permitted. BUT remember, employers have the right under California labor laws to set your work schedule, including your break schedule. While not required to do it, employers have the right to order employees to go on their meal and rest breaks. If the employee doesn’t comply, the employer has the right to discipline or terminate the employee for insubordination. So it is always a good idea to discuss with your employer beforehand your intention to skip or waive any meal or rest breaks, or to take them late.
Can I Sue My Employer for Violating California Meal Break and Rest Break Law?
Yes you can, and you should. If your employer is denying you meal breaks and rest breaks, you would be entitled to receive a penalty of 1 hour wages per day you were denied any rest breaks, and an additional penalty of 1 hour wages per day you were denied any meal breaks (for a maximum penalty of up to 2 hours wages per day). We can help you file a California labor board complaint. Give us a call at (213) 992-3299. Note, your claims are subject to strict filing deadlines. For meal and rest break violations, the filing deadline is usually considered to be 3 years thanks to a recent California Supreme Court decision. [Murphy v Kenneth Cole Productions, 40 Cal.4th 1094 (2007)], but in certain cases, a 1 year filing deadline could apply.
I Am an Exempt Salaried Worker, Can I Still Sue My Employer?
The correct answer is “it depends”. There are many kinds of exemptions under California labor laws. If you are a supervisor, you may fall under the supervisor exemption, otherwise known as the executive exemption. But that exemption has many requirements which your employer may have blown. Also, other kinds of exempt employees are still entitled to meal break and rest break rights. For instance, truck drivers are often considered exempt and are not entitled to California meal and rest breaks (although they must get breaks after 8 hours under federal law). Another example are “inside salespeople” who sell products or services while physically stationed at the employer’s office. While normally considered “exempt”, they are still entitled to meal breaks and rest breaks. Again, consult a lawyer to see if your situation qualifies for breaks.
Call (213) 992-3299 and Get Your Labor Board Complaint Started Now
Feel free to give us a call at (213) 992-3299 if you want to discuss filing a labor board complaint. We have successfully obtained awards for our clients in over 97% of our trials and hearings — one of the best trial records in the State of California. Let us put our decades of legal experience to work for you.
Photo courtesy of cjmellows
I recently just started a new job and it confused me because my 2 past jobs had me take two 10 minute rest breaks, and one 30 min lunch for my 8hr shifts. In this job, it’s so normalized that’s when working 5hrs, I’m entitled to a 10, and if I work over 6hrs I either get to choose if I’d like a 10 minute break or a 30. This applies to 8hr shifts as well, I have to choose whether or not I want one or the other. I actually talked about it with them and asked my coworkers, and they said it’s normal like that and the other ones kinda just laughed when I mentioned it. I do really love my job but it kinda sucks when I work from 11-7:30 with only one 30 min break aloud if I want that instead of a 10.
I work in a cement company when there’s days we pour cement, we don’t take a lunch The boss says cement doesn’t wait so we don’t take a lunch nor a break we could work six hours straight with no lunch or a break or eight hours straight with no lunch or break and it could be more hours “cement doesn’t wait” says the boss .
When I started working for this company 11 years ago, I signed a lunch waiver. Now the company has been sued by former employees in a different department, and they are forcing my department to take unpaid lunches now, which changes the entire framework of our department’s schedule since all employees are on the same shift, 8am to 4pm. It leaves the clients we work for with a staff/ client ratio that is lower than what licensing guidelines denote. Can I waive the lunch break, and is the company under legal threat for forcing us to work under ratio?
Is my employer allowed to send me to lunch right after I clock in (I work 12.5 hour shifts)
If no, where in the law does it say that.
I would love to know the answer to this?
i work 7am-6pm, i get 2 paid breaks and unpaid lunch. Im getting written up for “going over my 5th” when technically im taking my unpaid lunch at 11:30. is this grounds for termination for me? im not getting second lunch.
Your employer doesn’t understand what “going over your 5th hour means”. Let them know it means you have to start before the 5th hour starts. Not that it can’t roll over into it.
I work in the health care industry and I never get a rest break, we are given 1 hour lunch but unpaid to make up for the 15 min rest break is this legal?
Your boss cannot give you a single 1-hour break and say that that counts as all of your meal breaks and rest breaks.
When was this enacted so I can ask for back pay?
I work from 8:00 am to 4:30 pm with a 30 minute lunch
Paid every 2 weeks and my total hours are 35 each week.
My boss states I’m not working eight hours so he’s only paying me for 7 1/2. When I approached him on it, he stated that I don’t work eight hours if I wanted an eight hour day I needed to come in at 7:30 and work til 4:30 Could you please give me some advice on how I can address this issue.
It’s a 30 minute un-paid meal break.
That’s crazy, Tina. I used to work those same hours, and you should be getting paid for 8 hours, not 7 1/2. If you work 8:00 to 4:00, that’s 8 hours. If they make you stay until 4:30, that extra 30 minutes is usually the unpaid lunch. I’d definitely look into it, because that doesn’t sound right.
Sounds like you have a case for wage theft.
I work 8-4:30 most days with 2 – 15 minute breaks and 1 – 30 minute lunch. I get paid my full 8 hours. If you were to clock out at 4, that would be a 7 hour, 30 minute shift. Please talk to your employer. They owe you some money.
Also sounds like your boss can’t do math…
I work at school as a custodian 4 hours, but I dont have a 10 minute break. What should I do? I talked about this with my lead custodial but he is ignoring me.
I am the new Administrative Director at a small business that provides resources to the unhoused in our area. The two employees do not have a work schedule, and have both signed a 6-hour no lunch waiver. I have asked them if they work over the 6 hours to take a lunch, but they consistently go over the 6 hours by 15mins or less without taking a lunch break. I would like to deduct the lunch break when they go over the 6 hour mark, is this legal?
no that isnt legal at all they could sue you…
I work 7am-6pm. For the last 4 years I have been taking lunch at 1pm, my 6th hour but today I was told it had to be by the 5th hour. If I am reading correctly, I need to take a lunch before the END of my 5th hour so I could take a lunch at say 12:30pm and it would be in compliance?
You need to take your lunch by 12:00.
7am: 1st hour
8am: 2nd hour
9am: 3rd hour
10am: 4th hour
11am: 5th hour
12:01 pm would be the start of your sixth hour. You need to take your lunch at 12:00 pm or earlier.
I work in a kitchen and am told I can take my breaks whenever but most of the time there isn’t anyone to cover my line so I feel I cannot take an actual clocked out break, does this constitute a violation?
Quiero saber si mi empleador me puede mandar una hora después de entrar a laborar a un descanso y si también me puede mandar a mi lunch tres horas después sin yo tener habré, solo porque ellos no quieren detener las máquinas de trabajo. Gracias por su respuesta.
Mínimo dos horas después de empezar el turno. Después de 2 horas en el turno te pueden mandar.
Can my employer make me take my paid break almost immediately after clocking in at the start of my shift?
Minimum 2 hrs.
So two hours in they can start making you take meal breaks ? I work 7-7 and my employer is threatening to make us start meals breaks at 730am right after we finish report and haven’t even had our first rest break
Can someone show me in the law where it says this. We are going through this with our employer.
Es obligatorio que tu empleado si trabajas 4 días de 10 horas te obligue a ponchar antes de las 10 horas
I’m being told by my supervisor that I must take my hour meal break at 12:10 pm to 1:10 pm, when I’ll be working a 11:10 am to 8:10 pm shift. That’s the first time I’ve been told to work more than 6 hours straight. Seems like I should be provided overtime, after reading a part of Labor Code Section 512: “(2) Notwithstanding paragraph (1), a commercial driver employed by a motor carrier transporting nutrients and byproducts from a commercial feed manufacturer subject to Section 15051 of the Food and Agricultural Code to a customer located in a remote rural location may commence a meal period after six hours of work, if the regular rate of pay of the driver is no less than one and one-half times the state minimum wage and the driver receives overtime compensation in accordance with Section 510.”
Yes that is correct anything over 5 is 1 hour of OT
an employee is taking it upon themselves to tell all employees that they need to take there 30 min 5 hrs after being clocked in they are also monitoring and taking it upon themselves to FORCE it. saying you can not take a late lunch if you wanted to. i find it unfair due to i read the following:
(Employers are required by law to make timely meal and rest breaks available to you, but they aren’t required to make you take them. That is up to you as the employee. If you decide to voluntarily skip or waive your meal or rest break, or to take them late, with no pressure or encouragement from the employer, then that is legally permitted. )
If we worked 7.5 hours do we need to take a lunch break of 45 minutes??
California law states employers must provide their employees a minimum of 30minutes unpaid meal break. It’s up to your employers’ discretions if they want to provide a lunch break longer than 30 minutes, in this case 45 minutes.
You sound like one of those crappy managers that abuses the power of the breaking system. Sounds very very familiar.
QUESTION… when I started working at my current job my direct manager informed me that I am allowed 2, 10 min “Assisted Breaks” for an 8 hour shift. By “asissted break” she means that I have to be available to answer the phone if it rings and/or help any guests that may come up to the front desk at any time during my ‘break’. On many occasions I have been on one of these ‘breaks’ and a guest HAS shown up and needed help with something and I have stopped my break to come inside to help and then gone back out to finish the rest of my 10 min break but I was just “scolded” for this the other day because my boss says I am taking more breasks than I am entitled to. When I take my breaks I turn on a 9 min timer on my phone to allow me the last minute to come inside but I have gone back out to take the last 4, or the last 6, or whatever time I had left when I had to come in. Am i wrong for doing that?
Based on what I’ve read of the labor code, your boss is in the wrong. For an eight hour shift, you are allowed two 10 minute paid breaks AND a 30 minute unpaid lunch break. You cannot be asked to work on your breaks; her definition of an “assisted break” seems to violate labor law. Also, if your boss does not want to provide a lunch break, then your shifts cannot be longer than six hours. I would check the law, but I believe you’re entitled to a bonus hour of pay every shift over six hours you worked without a lunch.
The way I read it, and I could be wrong, but, you are entitled to a 10 minute uninterrupted rest break, so the clock would start over each time that your break is interrupted.
Additionally, Your employer is not permitted to require you to stay on work premises during your break, so, technically, your employer should allow you to go sit in your car or take a walk, away from work related distractions, for a solid 10 minutes, and you should not have to feel guilty about it.
I would like to hear other opinions on this interpretation of the law .
Hey guys, quick question, I work from 10pm to 630am, 30 min unpaid lunch and 2 10 minute breaks. Recently my supervisor has told us that we should NOT take our last 10 minute breaks after 430am, I was wondering if it’s legal for my supervisor to impose such a rule?
Clock In – ?
after 2hrs – brake(10 min)
after 2hrs – lunch brake (30min)
after 2hrs- brake (10min)
after 2 hrs- Clock Out!
Clock In – 10:00p
12:00am – Brake
2:00am – Lunch
4:30am – brake
6:30am – Clock Out!
Every two hrs rest! Per law!
Can an employer force their employee to go to lunch before 3hrs into the shift for an 8hr shift?
Hoy trabajo de 5pm a 11:45 pm me han dicho que solo tengo derecho a un descanso de 15 minutos pagado y un lonche de 45 minutos no pagado es esto correcto
I’ve been working regular 7 hour shifts but my managers only give me my second 15 minute break when they feel like it, is there anything I can do? And should I start documenting whenever this happens going forward?
My company is implementing a new “system” where they are now requiring us to clock-out for our lunch at the office, and return back at the office to clock-in back from our lunches. The issue I see with this “system” is the travel time of needing to come back from our lunch so we can clock-in on time without going over the 30 minutes; assuming we take our lunch in the employee break room (which is on the other side of the property) it would be appropriately a 5 minute walk back to the office to clock-in, meaning we would be taking those said 5-minutes of our lunch just to travel back to the office to clock-in so we don’t get penalized for going over the 30 minutes… I’ve tried searching around for an answer, but I can’t get a clear answer if this kind of procedure is allowed where we (the employee) must clock-out & clock-in at the office for our lunch breaks, or if we could seek compensation for the amount of time traveled to return to the office to clock-in from our lunch break… Any information would be greatly appreciated.
They are requiring you to clock in and out as it required by law to have it documented. If they did not have you clock in and out before they were uneducated and could be penalized by the labor of employment for not having it on record. That is to protect you to ensure you are getting your allowed break. No employer in california is every required to account for your travel time during a 30min or hour break. It is up to the employee to fill their 30min accordingly.
I believe that it is your 30 minutes off… If you choose to spend it walking to your car and back, or standing in line at McDonalds, or both, that is your choice. I suggest you start packing a lunch and eat in the lunchroom or someplace close to the timeclock.
Good ole casinos for ya ;) never for the people! Just money.
I work at a boys group home 11 1/2 hours a day 7 days every 2 weeks. I’m given 3 10 minute breaks each day I work and no other break is given, Is this correct?
I worked 1845-0315 and was scheduled to take lunch at 12 midnight. The assign break relief approached me at 0020. I told my manager that I won’t take the break because it is already too late.
Now the management is saying I am not entitled to the penalty pay because I refused to take the late lunch.
Unfortunately, they’re allowed to do so. All they have to do is make the break available to you – as was done at 0020. Because you refused to take it, you waived the break of your own volition, which means they’re exempt from the penalty.
You’re supposed to get two 30 minute meal breaks as well but the 3 10 minute paid breaks is correct.
If I work 8-11am then 1-4pm am I entitled to a rest break? When working 2 shifts in a day (3hrs each) how much time in between shifts would be needed for it to be considered a split shift
I work in health care and many nurses clock out for lunch breaks, but keep working during that time and take an actual break later, is this a legal practice?
I have searched far and wide and have not found any reference to a 3rd or 4th meal break requirement in California. I checked the labor code, I checked the Wage Order, I went back and referred to every Appellate or Supreme Court decision on this issue, I googled, I asked chatGPT, and came up with nothing. Not that this is a hugely important issue, 14-hour shifts aren’t particularly common, but I think you should update your website (unless I am wrong of course) as this page is pretty high up on the Google results and is potentially giving people bad advice.
I respectfully disagree. I think the wording of the statute (labor code section 512) and the wage orders (section 11) support it: “An employer may 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” and “No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than 30 minutes”, respectively. A 15+ hour workday would comprise three “work periods of more than five hours”. A 20+ hour workday would comprise four such “work periods”. I haven’t seen any explicit caselaw on this point so it admittedly remains untested, but I’m ready and willing to argue this to the court of appeal and beyond if/when the opportunity does arise. If any employer wants to test this and deny meal breaks to an employee working over 15 hours, I invite their employees to contact me and I’ll be glad to represent them.
Question: I’m fulltime and work 8hrs per day. If I work 5 hours and request PTO 3hrs. Do I have to take a lunch? My Hr. rep is saying that I must request 3.5 hours PTO to include my 30min lunch, instead of 3hr.
No, you don’t use PTO for breaks, PTO is for hours that you will be paid. Breaks are unpaid, so it is illogical to use PTO to pay for a break you won’t be taking. HR needs to consult your senior HR personnel or general counsel to assist her.
Can a Vons employee get fired for not taking their 10 minute breaks
Short answer, yes, you can be fired for insubordination if you are refusing to take breaks you have been ordered to take.
Realistically, I would not expect it to happen often, unless you are intentionally being insubordinate, but they do have that right to fire you over it.
This is what’s wrong w/this state; ya’ll are looking for the stupidest reasons to bitch and sue your employers. Address issues w/your HR dept or your employer directly. If you’re not happy, find another job. Everyone is so sue happy here that it’s ruining our state; small businesses especially are struggling, but here you are complaining about 10 minutes. People sue for every stupid little reason. If we’re honest, I bet if you add up all the times you’re not working but spending it on social media and shooting the s**t w/coworkers, your breaks add up to a lot more than your 20 min…
No IDIOT – it’s called RIGHTS!
Employees have them..
You must be a small business owner that takes ADVANTAGE of PEOPLE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
I work in a resident home and provide care for individuals with mental and physical disabilities. I’ve worked 8 hour shifts, 10 hour shifts and 12 hour shifts, without taking a break as I was the only caretaker in the home.
I am now being told that I have to take a 30 minute break, however, I cannot leave the facility or the residence alone, but they want that documented on my timesheet.
What would my next steps be?
Your answer is the worse and makes Gavin statement true. I been on both sides of the game and I know that his statement is very realistic. I know there are laws that does not help because instead of guiding and teaching business owners and workers to be on track, but for sure an attorney is not looking for that. So for that reason I give you a 4 out of 10 for you lack of professionalism.
Is it legally required to clock out for a 10-15 minute break? I work a 2:00-9:15 schedule. I clock out for a 30 minute lunch break. I’ve been instructed to clock out for my 15 minute break. They claim it’s not deducted from my paycheck but the amount on my pay isn’t adding up correctly.
You don’t punch out for rest breaks only lunch breaks
The law is the law, period! I’m glad to know there are employees who advocate for themselves when an employer begins to take advantage of employees because that’s where it starts and employers will go as far as they let employees let them go so it’s good to stop them at the 10, 15, or 30 min breaks. STOP THEM at the first 10 min break abuse employers attempt to abuse!!!
I did not advocate for myself and I did not say anything when my employer began to take advantage of me. Here I am 3 years deep, overloaded with work and no help, I work 8-10 hours straight with no breaks because I am very passionate about what I do and as long as I’m making the owners money and I don’t complain, NO ONE will interrupt me while I work to remind me to take a break. Does my employer get meal violations? Does my employer give me praise or appreciation? Does my employer remember or think about the Rolex I bought them last year for their birthday? NO! On the contrary, the employees who work less hours than an 8 hour shift, who late for work almost everyday, who take a longer lunch than given, who leave early almost everyday and who is behind on work by 3 months or more get praised, get rewarded with free lunch and or get taken out to a 2 1/2 hour lunch and the long lunches are paid and get the same dollar amount bonuses as I do. I’ve increased overall revenue by $1M the first year I started a new department within the company and I did the same the 2nd year. After the 2nd year I have increased business and built loyal relationships where customers dont shop around anymore and go directly to the company I work for because I worked hard towards this success for the company.
I have been taken advantage of, I have been discriminated against, other employees have been favored over me, and I have not been compensated what I was told I’d be compensated during our meeting when I was hired and what was discussed my pay and commission would be.
After 2 years I had enough of all of the above and I gave my 2 weeks notice and I was not questioned from either owner and made my last 2 weeks nothing but torture. Came my 13th day of my last 2 weeks, I was asked to leave work and I was told I’d be paid via direct deposit same day or the following day which an employer is required by state law to provide an employee with their final check with ALL wages earned (worked hours, PTO, vacation pay, & commission) included in their final before the employee leaves the place of employment. I have not been paid. To top ALL this BS off, I was “told” to forge documents. So I was told to do their dirty work and I did because I was scared I’d get fired and lose my job which I took pride in and loved doing.
So to ALL those small business owners who take advantage of their employees to make them rich and or make their business successful, GOOD LUCK!!!
You’re the reason we sue! People like you.
I was told that if I work 8am-5pm and get a 1-hour unpaid lunch (at noon), I do not get 2 paid 10-minute breaks. Is this correct?
So my teenage daughter works 2 shifts totalling 7.5 hours (8:30-11:30, 11:45-4:15) and only separated by 15 minutes unpaid time in between. The business claims that because it is considered two separate shifts that she does not get a 30 minute lunch period. Isnt this wrong?
This isn’t considered a split shift. She should be taking a 30 min meal break, not 15 minutes. She is owed a meal premium penalty. The 15 minutes is not considered a rest break. here is the link for more information. The industry she is in does not matter! this applies to all employers unless there is a collective bargaining agreement https://www.dir.ca.gov/smallbusiness/Wages-Breaks-and-Retaliation.htm
Absolutely not! You are entitled to one 10-minute break before lunch, and one after. Not sure who told you that, but they were incorrect. You get a PAID 10-minute break for every 4 hours worked, or ‘major portion’ there of.
No. It is against the law to not give you 2 Paid 10 min breaks in a 8 hour work shift.
After you work scheduled to work 3:29 hours in any segment of your work day then you are to receive a 10 minute break preferably in the middle of that segments shift.
Example: You work 8 to 5 with a 1 hour unpaid lunch at 12:00 pm.
8 am to 12 is 4 hours. Since you are scheduled to work for a 4 hour segment and 4 hours>3.29 hours, you are entitled to a 10 min Paid break preferably at the midpoint so 10 am.
You then get an unpaid Lunch hour from 12 to 1 pm.
Next you work your last stretch from 1 to 5 pm as scheduled. This is again a four hour segment and so, just like your morning segment, you are entitled to another 10 min break preferably at 3 pm; the midpoint of your afternoon segment.
Lunch breaks are stupid and unethical. Work = trading time for money, why would I want to spend an extra 30 minutes away from my home, family etc without pay?
If I work 13 hours (7am-8pm) and took my first lunch at 11:30am-12pm, do I have to take my 2nd lunch before the 5th hour or within the 10th hour to avoid a meal violation?
(7am – 8pm) is a 12hr shift and you would need to to take you second lunch before 5pm.
if an employee is scheduled to work 8 hours, but takes their lunch their 2nd hour in, are they owed lunch penalty?
example:
8am-10am – 2 hours
10:30am-4:30pm – 6 hours
does the 6 hours of work require a mean penalty to be owed as it’s over the 5th hour? or does it not apply to 8 hour shifts ?
Yes!
I work at Nothing Bundt Cakes and they scheduled me for 5 and a half hours but I was told that I am required to take a 30 minute lunch. They just started implementing this as our store was once corporate owned and is now switching to a franchise. When we were corporate owned, they told us we wouldn’t break violate unless we worked over 6 hours without taking a lunch. I used to be able to work that same shift and get paid for the full 5 and a half hours, but now i’m required to break which means I lose out on a half hour of pay for seemingly no reason. At that point they might as well just schedule me for 5 hours and not waste 30 minutes of my time. How can I get them to allow me to waive my 30 minute break if i’m working less than 6 hours?
Make that lunch at the end of your shift and leave!
Take it before the 10th hour
this same thing happened to me i work 9:53 am clock in and clock out at 3:12 they made me clock out for 30 min lunch is this right or wrong my boss told me this is the california law terrible b.s .
As I read it, you are allowed to waive your lunch break, but you and your supervisor must fill out a form or something that states that you requested to waive your break, and that they agreed. It appears you need to do that for every week, or possibly every single shift you wish to do that for. If they refuse, then you might need to get legal advice. You can always show the relevant section to them and make the request. Good luck!
As long as you don’t work over 6 hours, you can create a written agreement to waive your meal break and work through it (they still provide a paid rest break- but you can choose to skip). Another option may be to take the break and ask for 15 min before and after your shift to get the full 5.5 hours.
I work sometimes over 6 hrs is it legal for management to take my 30 minute break a half an hour when my shift starts.
My employer believes there is a new CA meal break law that requires employees to take a lunch break no later than the 4:59 hour mark of an employee’s shift, is this correct? They believe anyone taking lunch at the 5th (5.00) hour mark is considered a lunch penalty. Our current policy is the lunch penalty applies if an employee takes lunch after 5.01 hours. Please advise if we are compliant or if we do need to update our meal break policy. Thank you.
I took an HR Seminar and was informed that taking a lunch on the 5th hour mark would be considered a lunch penalty. If work starts at 7:30am, the employee would have to start their lunch no later than 12:29pm to avoid paying the penalty. Hopefully somebody else can chime in and can confirm. Before taking any action, please consult with an HR consultant or Attorney since I am neither.
If you read the law. It says you must take your lunch before the END of the 5 hour mark. So if you get to work at 6am you have to take lunch before 11:59. Legally.
Wrong. That would be the end of the 6th hour. The start of the 5th hour happens when you hit 4 hours. Therefore, If you clock in at 6am you have to take a lunch by 10:59.
Ok the lunch must start before the end of the 5th hour did you get that must start before the end of the 5th hour. Your lunch break doesn’t have end before you hit your 6th hour. If you start at 8 you must take your lunch break no later than 12:59. Once the clock hits 1, you are in the penalty zone period. But it’s not that difficult people. Every 2 hours is your best bet. And for whom ever that was who said we shouldn’t take breaks is an idiot. Breaks are needed. It gives you nervous system a chance to reset. Especially lunch breaks our body and minds are not meant to go for long periods without food. In recent studies about the damaging affects of cortisol on our brain and nervous system are alarming. You have to rest or else you are shortening your life literally. Cortisol breaks down all your defenses it causes early onset of dementia and Alzheimer’s. Your joints and muscles suffer especially your digestive system. It causes high blood pressure severe depression and sleep regulation. All this combined takes years off your life. Otherwise if you can control the amount of cortisol that your brain releases you can live a longer healthier happier life. And one thing that causes excessive release of cortisol is stress and constantly being on point without time to reset. So breaks and lunch are absolutely needed. Anyone who denies you this basic need for self care is straight up evil and greedy. They want to pay the least amount of money while hurting their employees because let’s face it. All these companies have something they are selling but none of it would work if they didn’t have employees. So why treat the very reason your company is successful like they don’t matter because employees are the very reason your company is running and making money
Debbie’s right. The end of the fifth hour is a minute before the beginning of the sixth hour, not on the fifth hour mark.
6am to 10:59 is the end of the fourth hour, just before the beginning of the 5th hour, not the end.
6am to 11:59 is the end of the fifth hour. That’s when the break has to start.
If you work exactly 5 hours, you are not entitled to an unpaid meal break. If you work 5 hours and 1 minute, you are entitled to an unpaid meal break and it can start at the 5 hour mark without a penalty. It would be complete nonsense, but I guess it could be done. That might be why some employers schedule a 5.5 hour shift, to avoid a penalty if a 5 hour shift goes over by a minute without a meal break.
Your employer is not required by law to have you start your break before the 5 hour mark but, your employer can schedule your breaks within reason, so if they want you to take your meal break 4 hours into your shift, it is within their right.
My husband does in home caregiving. He normally works a straight 8 hour shift with no rest or lunch breaks. For the last couple months he has been working 16 hours straight with no rest or lunch breaks because the person who works after him is out on medical leave. He works 5 days a week. There has been an issue with a lady since he has worked there that lives in another apartment that calls and complains to his supervisors when he goes down stairs if I go to take him food and now they are telling him he can’t do that unless the client goes with him, even if the client is asleep. So they are saying he can’t leave him alone at all through the 16 hours. This seems very wrong to me. And there is no one there to relieve him for any breaks until the next shift person comes in.
I believe he is owed 2 additional hours of pay.
I started at a new company a few weeks ago. Management stated from the get go that we can go to lunch before the 6th hour and it would not count as a meal penalty. However I knew that was wrong, and advised that from my understanding , it was before the 5th hour. I proceeded to show them this website however they didn’t accept it and are firm on sending people to lunch past the 5th hour. From my perspective, no one has received an extra hour pay when this happens. I have been following my lunches and making sure I go on my 4th hour worked but it is not the same for my co workers. For example everyone else starts at 8am and are going to lunch at 1pm or 1:30pm. I don’t know what to do.
Sounds like you should be calling and reporting this to the California labor board at the number they give above and should probably consult with an employment lawyer because they owe you money.
No you are wrong it has to be taken before the end of the 5th hour
Does the break start when you are relieved from your work area or do it start when you arrive to your break area?
Deonne, it starts when you are relieved from work / stop working to take your break. If that wasn’t the case, meal breaks could be endlessly extended to include travel to wherever you have chosen to eat your lunch, etc. It’s 30 min(utes total that you are not actively working / have stopped doing your job.
Can my employer legally force me to take a double lunch late past the tenth hour if they need me last minute to work a fifteen hour shift if I didn’t agree to it and there is union with the company
Craig, the law states that there are certain jobs, such as construction and healthcare, etc, that can have exceptions to the rule… California also shows, in some of my reading, that healthcare gets these breaks… you did state in your question that no one was available to relieve you, ans I know it would compromise patient care if someone who is not an ICU nurse came in to relieve the few of you working in that department during a given shift.
My response also counts on the assumption that your employer is not deducting the 30 mins per day of unpaid lunch time that the law requires.
If they have been deducting that pay, and you have not been taking that time, then it is definitely egregious, and I would pursue it.
With a union contract and no duty free lunch can you go back 4 years in Ca. I am an ICU RN and no one is available to relieve us. We didn’t clock out for lunch and the contract says nothing about clocking out or not for lunch. Says we get 30 minutes. We were not relieved for breaks either
For the last 3 pay periods (bi weekly) I’ve noticed that my total hrs worked that week show actual hrs but then my timesheet (compass app) shows less. I am thinking my employer is not paying the rest breaks which is why total hrs worked are different. I.e. 33.39 total then timesheet says 31.24. That’s minus $24 each week.
How many meal breaks can an employee who works 16 hours or more waive when working in the hospital?
My employer has a practice of scheduling team members to clock in, then clock out for their 30 minute meal break 5 minutes after clocking in. They are then scheduled for over 6 hours after that meal break. Although this may be legal and a loophole of sorts, are they not required to provide the meal period as close to the middle of the shift as possible?
If you don’t clock out for lunch before 6 hrs., there is penalty pay. If you are hourly, you must take lunch prior to the 6th hr., unless you agreed to leave for the day at 6 hours and waive lunch. You should get two tens and a 30 min lunch (in ca)
That’s what I recall but I don’t remember what the penalty is. This happened with one of our employees and I need to know what the penalty is in CA. She took her 30 minute lunch after 6 hours. Thank you
The penalty is pay equivalent to one hour per violation type, ie. if it’s a meal violation, the employee gets one hour of pay whereas, if it is a break violation, employee gets one hour’s worth of pay. However, I believe (although I am not fully certain) that there can only be two penalties paid out per day. Even if the break law was violated twice, I believe it is only one hour of pay for all break violations total per day.
No lunch or breaks
no comment
AWESOME!!!
I am an hourly employee and work a 9 hour day with a 1 hour un-paid lunch break, usually by 2 pm but sometimes not until 3 pm. Am I still entitled to 15 minute breaks under the law, in addition to my 1 hour lunch break? Is it up to the employee to notify us of this benefit? I have never been told, nor never given the opportunity to take an extra break.
YES. You are entitled to a minimum of 2 10-minute paid breaks. Copied from this website: “You are also entitled to a 10-minute uninterrupted, duty-free rest breaks for every 4 hours you work” Because you work 8 hours total (1 hour unpaid), you are entitled to a 10 minute break for each of those 4 hour periods, ideally taken in the middle.
Because your employer has not allowed you to take these rest breaks (NOT extra breaks, these are granted to you under California law), they
Copied and pasted from this website: “If your boss doesn’t comply with break law requirements, they are required to pay you one extra hour of regular pay […] for each day on which a rest break violation occurred.” I cut out the part that details the protocol for meal break violations, which is not your case.
Pasted from this website: “As of 2012, your boss has an affirmative obligation to ensure that breaks are made available to you but the actual taking of meal breaks is left to the employee. In other words, you are responsible for “breaking” yourself.” This makes your situation a bit complicated because, no, the employer does not have to tell you to go take your break. But, if they are not made available, it can be seen as a violation. I.e. your boss sees you taking a rest break outside work premises and directs you to go back to work, or he’ll refuse to pay you for the 10 minutes spent outside. Boss can’t do that – these rest breaks are entitled to you under the CA law.
Hi,
I worked for a company called Rack Attack since 2022, we didn’t got required to clock out for about 1,5 years, claiming we had paid lunch breaks, they where never fully 30 min uninterrupted breaks, and at times working alone I didn’t even had a chance to eat whatsoever due to this, I reached out to the HR department about it and see if there’s any backtrack on the missed meal breaks, they replied with once, but never heard back after it, is there any kind of compensation? Or is it even legal?
Hello I work at Walmart and they scheduled me for 5 hours day but I was told that I have to take a half hour lunch, is this necessary why don’t they just schedule me 4 hours and 30 minutes then? What if I work 4 hours and 55 minutes and then clock out without taking that 30-minute lunch would I be okay?
I was told that I had to clock out for my lunch break but wasn’t allowed to go to it and had to stay back and work through it to keep everything moving while all the managers went to lunch. At the same time I wasn’t given my 2 breaks I had to work through those as well.
Hi
I work from 8:30am-4:30pm
my break is 15 mins
my lunch is 45mins
Both are non paid. Is that legal? so i technically only work for 7 hours
Yes this is legal. You are can also only take a 30 min break. You don’t have to take 45 mins. You should not be clocking out for your breaks as well. They are your time, uninterrupted and on the clock break time.
Hi
I work 8am to 530pm
With two 10 mins break
Meal is 1 hour
My issues is that I only want to take 30-minute lunch instead but my job requires me to take a 1-hour meal.
Can I just legally take 30min and not get in troble for it ?