California Meal Break & Rest Break Law (2024) – Quick Calculator + Charts

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. IMPORTANT: If you took unpaid meal breaks during your shift, say 30 minutes in total, MAKE SURE TO ENTER “30” IN THE MEAL BREAK INPUT WINDOW. The law considers only time worked on the clock. Meal breaks are usually taken off the clock and must not be included in the calculation.

Calculator

Start of Your Shift (e.g., "9:00 am"):

End of Your Shift (e.g., "5:00 pm"):

Total meal breaks taken (in minutes) (e.g., "30"):


(The page will refresh after you press "calculate". Scroll down to see results in blue text.)
california meal break law, california rest break law

Introducción

Según la ley de descanso para comer de California (que es mucho más generosa para los empleados que la ley laboral federal), si usted es un trabajador no exento, tiene derecho a un descanso para comer de 30 minutos ininterrumpidos y libre de impuestos si trabaja más de 5 horas. en una jornada laboral. También tiene derecho a descansos ininterrumpidos de 10 minutos libres de impuestos por cada 4 horas que trabaje (o una “fracción importante” de las mismas). Si su jefe no cumple con los requisitos de la ley de descanso, debe pagarle una hora extra de pago regular por cada día en el que se haya producido una infracción del descanso para comer, y otra hora extra de pago regular por cada día en el que se haya realizado un descanso. ocurrió la violación.

Cuadro de la ley de descanso de California

Horas en el relojDescansos
0 – 3:29 horas0
3:30 – 6 horas1
6:01 – 10 horas2
10:01 – 14 horas3
14:01 – 18 horas4
18:01 – 22 horas5

Requisitos de descanso de California

  • Tu jefe debe darte un descanso de al menos 10 minutos consecutivos que sean ininterrumpidos.
  • Se deben pagar los descansos.
  • Si trabaja al menos 3,5 horas al día, tiene derecho a un descanso. Si trabaja más de 6 horas, tiene derecho a una segundo descanso. Si trabaja más de 10 horas, tiene derecho a un tercer descanso.
  • Los descansos deben, en la medida de lo posible, realizarse a mitad de cada período de trabajo. Si trabaja aproximadamente 8 horas, debe tener un descanso separado antes y después de la pausa para comer.
  • Es posible que su jefe no le exija permanecer en las instalaciones de trabajo durante sus descansos.
  • No se le puede exigir que trabaje durante los descansos requeridos. [California. Laboratorio. C.226.7]. PERO, eres libre de saltarte tus descansos siempre que tu jefe no te aliente ni te obligue a hacerlo.

Cuadro de la ley de pausas para comer de California

Horas en el relojDescansos para comer
0 – 5 horas0
5:01 – 10 horas1
10:01 – 15 horas2
15:01 – 20 horas3
20:01 –4

Requisitos de la ley de descanso para comer de California

  • Si trabaja más de 5 horas al día, tiene derecho a una pausa para comer de al menos 30 minutos que debe comenzar antes de finalizar la quinta hora de su turno. PERO, puede acordar con su jefe renunciar a este período de comida siempre que no trabaje más de 6 horas en la jornada laboral. También puedes acordar con tu jefe una pausa para comer durante el servicio que cuenta como tiempo trabajado y es remunerada.
  • Si trabaja más de 10 horas al día, tiene derecho a una segunda pausa para comer de al menos 30 minutos que debe comenzar antes de finalizar la décima hora de su turno. Puede acordar con su jefe renunciar al segundo descanso para comer si no trabaja más de 12 horas y no renunció a su primer descanso para comer.
  • Se le debe permitir tomar su descanso para comer fuera del lugar de trabajo y pasarlo como desee, ya que está fuera del horario laboral.
  • No se le puede exigir que trabaje durante ningún descanso para comer requerido. [California. Laboratorio. C. 512].
  • A partir de 2012, su jefe tiene la obligación afirmativa de garantizar que los descansos estén disponibles para usted, pero la toma real de los descansos para comer queda en manos del empleado. En otras palabras, eres responsable de “romperte” a ti mismo.

Tenga en cuenta que los descansos y los descansos para comer se supone que son separados, no deben combinarse. Su jefe no puede darle un solo descanso de 1 hora y decirle que eso cuenta como todos sus descansos y comidas.

Tenga en cuenta que existen muchas excepciones a lo anterior para determinadas industrias, como la construcción, la atención sanitaria, las viviendas colectivas, el cine, la manufactura y la panificación.

¿Puedo saltarme o renunciar a mis descansos?

Los empleadores están obligados por ley a poner a su disposición períodos oportunos para comer y descansar, pero no están obligados a obligarlo a tomarlos. Eso depende de usted como empleado. Si decide saltarse o renunciar voluntariamente a su comida o descanso, o hacerlo tarde, sin presión ni estímulo por parte del empleador, entonces eso está legalmente permitido. PERO recuerde que, según las leyes laborales de California, los empleadores tienen el derecho de establecer su horario de trabajo, incluido su horario de descanso. Si bien no están obligados a hacerlo, los empleadores tienen derecho a ordenar a los empleados que tomen sus descansos para comer y descansar. Si el empleado no cumple, el empleador tiene derecho a disciplinarlo o despedirlo por insubordinación. Por lo tanto, siempre es una buena idea discutir con su empleador de antemano su intención de saltarse o renunciar a cualquier descanso para comer o descansar, o tomarlos tarde.

¿Puedo demandar a mi empleador por violar la ley de pausas para comer y descansar de California?

Sí, puedes y deberías. Si su empleador le niega descansos y comidas, tendrá derecho a recibir una multa de 1 hora de salario por día en que se le negaron los descansos, y una multa adicional de 1 hora de salario por día en que se le negaron los descansos para comer ( con una pena máxima de hasta 2 horas de salario por día). Podemos ayudarle a presentar una Queja de la junta laboral de California. Llámanos al (213) 992-3299. Tenga en cuenta que sus reclamaciones están sujetas a plazos de presentación estrictos. Para las infracciones de las pausas para comer y descansar, el plazo de presentación generalmente se considera de 3 años gracias a una decisión reciente de la Corte Suprema de California. [Murphy contra Kenneth Cole Producciones, 40 Cal.4th 1094 (2007)], pero en ciertos casos podría aplicarse un plazo de presentación de 1 año.

Soy un trabajador asalariado exento, ¿aún puedo demandar a mi empleador?

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 abogado para ver si su situación califica para descansos.

Llamar (213) 992-3299 y comience su queja ante la Junta Laboral ahora

No dude en llamarnos al (213) 992-3299 si desea hablar sobre cómo presentar una denuncia ante la junta laboral. Hemos obtenido con éxito premios para nuestros clientes en sobre 97% de nuestros juicios y audiencias: uno de los mejores registros de juicios en el estado de California. Pongamos nuestras décadas de experiencia legal a trabajar para usted.

Foto cortesía de cjmellows

Comentarios sobre 3,419

  1. Ashlie en octubre 4, 2017 en 11:32 pm

    I work at a fast food restaurant. If I work 12-8 I would get a 30 minute unpaid meal break. Am I supposed to get a 10 minute paid rest break in addition to the meal break?

    • Eugene Lee en octubre 5, 2017 en 9:05 pm

      Yes, you are supposed to receive TWO 10-minute paid, uninterrupted, off-duty rest breaks, because your shift is 7.5 hours.

      • Isabel Nuno en abril 23, 2018 en 12:08 pm

        Can a 30 min meal lunch break be taken earlier than 4 hrs if you work a 9 hr shift a day?

        • Eugene Lee en abril 23, 2018 en 12:36 pm

          Yes, as long as it is started before the end of the fifth hour. The employer has discretion to set your break schedule, but could also leave it up to you to break yourself.

          • Kadynce Dollar en noviembre 5, 2023 en 3:56 pm

            Hey, probably won’t respond. But I work at Wendy’s as a 16 year old high school student. In Southern California. My gm and managers try putting us on a 30 minute lunch break as early as being there for 2 hours sometimes. How is that right?

            • Eugene Lee en diciembre 14, 2023 en 7:51 pm

              I agree with you that’s not “right”, but what’s “right” and what’s “legal” are two different things. California labor laws require that employers permit meal breaks to start no later than the end of the fifth hour. Scheduling lunch to start 2 hours into your shift would not be a violation of the meal break law.

              Note, in general, the first rest break should come sometime before the meal break and the second rest period (assuming your work shift is more than 6 hours) should come sometime after the meal break. (See DLSE Opinion Letter No. 2001.09.17). In your case, the employer should permit you to take your first rest break sometime during those two hours before your meal break.

  2. Matthew Molloy en octubre 3, 2017 en 10:00 pm

    I work for a country club in the restaurant that is open to the public. On an average day someone will either work the lunch shift (11:30-3:30) or the dinner shift (4:00-9:00) which means we don’t take a lunch break unless we work a double shift (which is rare).
    However, we host banquets, weddings, parties, and events quite frequently (frequently enough that most customers will call ahead to see if we are open to the public or if we are closed for an event). These events often run 8 hours long or more: with set-up, the event itself, tear down, and reset. The trouble is, my employer will have us take a break extremely early. For instance, I come in at 4 pm. Sent to lunch at 5:30 back by 6:00 (event starts at 6). Work straight through till event ends at 11 then tear down and reset (which often wraps up somewhere between 12 AM or 2 AM). They say we can take a break ( a singular 10 minute break) when ever we feel we need it, but there is never time because we are all working nonstop.
    Therefore, I have two questions.
    1. Do they have to give us our meal as close to the 5th hour as possible or is what they are doing legal? I can’t imagine that forcing us to go to lumch early then working us for 6 to 8 hours is legal since none of us ever get the chance to take a break. If we leave for. A few minutes to use the restroom the manager starts yelling and demanding to know where we were. I myself have never taken a break there since I started working there.
    2. Should I be paid for missed breaks?

    Isn’t there any rule or law stating that the lunch must be after a first 10 minute break or any other imposed structure to breaks? (E.I. lunch must be after 4th hour but before 6th?)

    • Eugene Lee en octubre 5, 2017 en 9:10 pm

      1. In Brinker v Sup. Ct., the California Supreme Court said there should be a rest break before and a rest break after each meal period, to the extent reasonable. But I’m not aware of any court decisions that really address the issue head on of how early a meal break is too early? And you should not be getting yelled for using the restroom, that is an OSHA health & safety violation. You might want to consider filing an OSHA complaint.
      2. Yes. Bring it up to management in WRITING. Remember, it is illegal for an employer to retaliate against an employee for calling attention to labor law violations, like break denial. If they don’t fix the issue, file a denuncia ante la junta laboral.

  3. Eve en octubre 3, 2017 en 8:59 pm

    My employer requires us to clock in in the morning then immediately clock out for a 1/2 hour “lunch” until the morning meeting starts at 9am. But during that 1/2 hour they make us attend training meetings. Then no breaks for the remainder of the day if it’s busy and you are on the Sales floor. I have gone 10 hours with no break or food. Is this legal? I’m on minimum wage plus commissions

    • Eugene Lee en octubre 3, 2017 en 9:04 pm

      That is probably illegal. In Brinker, the California Supreme Court said there should generally be a rest break on either side of each meal break. Forcing you immediately onto a meal break at the beginning of the shift doesn’t comply with that. Second, the meal break must be uninterrupted and you must be relieved of all duties. Since meal breaks are unpaid, that is your time and you must be free to do with it what you wish. Third, you are supposed to receive a 10 minute paid rest break for each 4 hours worked. If you work over 10 hours, you should also be getting a second meal break.

      One question that remains, however, is whether you fall under the inside sales exemption or the outside sales exemption. To determine that, you should contact a lawyer.

  4. CYNTHIA en octubre 3, 2017 en 8:51 am

    I WORK 7A-130P…I WAS GIVEN 1 REST BREAK AND A 30MIN LUNCH BUT WAS TOLD I DO NOT GET ANOTHER 10MIN REST BREAK?

    • Eugene Lee en octubre 3, 2017 en 7:20 pm

      If you work 6 hours, you are supposed to receive a second 10 minute rest break. Your shift is 6.5 hours long. Lunch is unpaid, however. So your total paid shift is 6 hours. I think, technically, you are supposed to receive a second 10-minute rest break.

    • Eugene Lee en octubre 5, 2017 en 9:13 pm

      I think that’s a tough call. Technically, if you work 6 hours, you must receive a second 10-minute paid, uninterrupted, off-duty rest break. But if you are literally on the clock for 5 minutes 58 seconds or 6 minutes and 2 seconds, I’m not sure you’ll be able to recover penalties for such a de minimis violation, since the margin could potentially be explained as time clock inaccuracy.

  5. Eddie en octubre 3, 2017 en 5:29 am

    I work from 6pm to 6am.. the plant that we work on isnenver turn off so we alternate on lunch. But we always start getting out lunch late . One day is my turn to go at 12 am and the next day at 12:30,and so on. There are 4 of us so sometimes we end up getting lunch like at 2 am.. at 2 am is already 8 hours. They don’t make us clock out for lunch kuz they are paying us lunch but Is to much, is it ok if we take our lunch 8 hours after we go in? Since I have no proof kuz we don’t clock out or in.

    • Eugene Lee en octubre 5, 2017 en 9:17 pm

      First, that is a late lunch violation. Your meal break is legally supposed to start before the START of the sixth hour of your shift. Second, the employer is responsible for maintaining accurate contemporaneous time records of your meal breaks. If they failed to do that, then you have every right to allege meal break violations based upon your memory and recollection. Therefore you shouldn’t worry about the lack of proof. It’s the other way around, your employer should be worried about the LACK of proof that you took your lunch break. Finally, remember, just because the employer paid you to work through lunch doesn’t get them off the hook. They must still pay the penalty for late lunches or denied lunches.

      You should consider filing a complaint with the labor board. If this violation is occurring not just for you, but for many coworkers, you should consider contacting a class action lawyer.

  6. Patti Googin en octubre 1, 2017 en 7:21 pm

    My boss is trying to deduct 1 hour lunch break and 2 ten min breaks a day out of our pay. She changes schedule all the time but for most part, she schedules us for 4 hour shifts. Sometimes only 3 hour shifts. So out of the 4 hours she only pays us for 2 hours and 40 mins each day. Can she legally do this?

  7. Mary en octubre 1, 2017 en 9:04 am

    My employer wants me to clock outand in for my 10 minutes break. Are you supposed to clock out never heard if it. Also after 8 hours, are we suppose to get paid overtime pay?

    • Eugene Lee en octubre 5, 2017 en 10:13 pm

      1. Rest breaks are supposed to be paid and are normally taken while you’re on the clock. If they are making you clock out, but they are PAYING you for your rest break, then no harm no foul. As long as the rest break is paid.
      2. After 8 hours, yes, you are supposed to receive overtime. That is called “daily overtime”. If you work over 40 hours in a week, that is overtime too. That’s called “weekly overtime”. If you work 7 days in a row in an employer-defined workweek, all hours on the seventh day are overtime as well. That is called “seventh day overtime”. Keep in mind, there is also double overtime. You get that if you work 1) over 12 hours in a day or 2) over 8 hours on the seventh consecutive day in an employer-defined workweek.

  8. Wolfie en septiembre 29, 2017 en 5:34 pm

    I worked a 9 hour shift with no lunch. I only got and 10 min break. What should my pay rates be?

    • Veronica en octubre 4, 2017 en 10:04 am

      Trabajo 4 una vez ala semana mi jefa noe deja tomar mis 10 minutos es esto ilegal??

    • Eugene Lee en octubre 5, 2017 en 10:16 pm

      1. in a 9 hour shift, you are supposed to receive a single unpaid 30-minute uninterrupted off-duty meal break, where you are permitted to go where you want, including off premises.
      2. if you don’t get that lunch, you are supposed to be paid for your normal work PLUS an additional 1 hour meal premium for each day you didn’t get a lunch break.
      3. generally, if you work over 8 hours in a day, that is overtime. So you should also get 1 hour of overtime pay.

  9. crystal macklin en septiembre 28, 2017 en 2:04 pm

    I work 8 AM TO 6 Pm (10 hours) Mon to Friday but am only paid for 9.5 hrs each day . 8 regular hours and 1.5 OT hours along with two 15 minute breaks. I was told by my scheduler that since we only get paid for 9.5 hours we (my co worker and myself) have the option to stay on site for our 30 min lunch or depart. Sometimes I go to the corner and grab McDonalds or Mexican food and come back on site by the time my lunch time is over. Now the client our company contracts for says its an issue because we leave. My co- worker has worked here 6 months before I have and know no different . He was also told he can depart. Its never been an issue before and the client has seen us leave before and said nothing. I have been at this site 5 months and have been in the same routine the entire time. I mark all my times the same for every time sheet since I have started this site no difference. That 30 min window thats unpaid I should be able to do as I please during lunch. The client showed me a contract himself that says we work 9.5 hrs and get 2 breaks. It doesn’t stipulate whether lunch is paid or unpaid but the person who assigned me to this post said its unpaid I’m free to do as I please for 30 min. I contacted my HR department at work and they are working on getting this straightened out. Am I in the wrong for still departing for lunch until they clear this up?

    • Allan Santa Catalina en septiembre 30, 2017 en 10:40 pm

      No. You can leave on your unpaid break in CA. Certain rules would have to be managed in cases where you are in possession of monies belonging to a restaurant for instance – I’m which you would have to check the money in with a supervisor and both of you verify . But the short answer is yes…you are allowed to leave during your 30 min meal AND your 10 rest breaks. Hope this helps!

    • Eugene Lee en octubre 5, 2017 en 10:19 pm

      No, you are in the right. Make sure you are making a WRITTEN record of your complaint that you should be allowed to leave and do what you want while you are off the clock on a lunch break. That way, if HR doesn’t do the right thing, you’ll have enough evidence to file a denuncia ante la junta laboral.

  10. mimi en septiembre 26, 2017 en 3:16 pm

    hi, i work from 10 am to 430 pm what will be my brack without lunch.

    • Eugene Lee en octubre 5, 2017 en 10:20 pm

      I’m not sure I understand your question. But if you work those hours, that means you are working 6.5 hours. You are entitled to 1 30-minute unpaid lunch break and 2 10-minute paid rest breaks. Does that answer your question?

  11. Celia Wang en septiembre 24, 2017 en 7:42 pm

    I have an issue with my breaks. The place that I work at only has 3 employees working at one time: 1 for food, 1 for drinks and desserts (me), and 1 cashier (my boss). I do not have any breaks to sit down and rest because there is always something I have to do: wash dishes, refill syrups, toppings, etc. Is this allowed?

  12. Melissa en septiembre 24, 2017 en 7:29 pm

    If you work a 6 hour shift without a lunch and go slightly over 6 hours will your employer get in trouble? Must it be on the dot?

    • Eugene Lee en octubre 5, 2017 en 10:21 pm

      Well, it’s a late lunch if you don’t go on lunch break BEFORE the start of the 6th hour into your shift. A late lunch means you are entitled to 1 hour of pay for each day that lunch was late.

  13. j en septiembre 24, 2017 en 4:33 pm

    Can you leave employers premises during a 10 minute break

    • santana correa-barajas en septiembre 29, 2017 en 5:49 pm

      No dumb***

  14. Jay en septiembre 23, 2017 en 4:36 am

    I start at 12:30 pm till about 12:15am usually depends on work load could be later than that . First brake start time 3:30pm 15 min lunch is 6:15 or so . 30 min than its another 15 min break @ 8:30pm than a 15 min at 11:30pm . My boss told me tonight that should not be taking a 15 min break@ 11:30 pm but @ 12:30 am is this correct ? Oh and now we take 2ND lunch @ 1:00am I’m so confused about all this labor law stuff pleas help .

  15. David Blake en septiembre 21, 2017 en 4:59 pm

    Hey, I work 11 – 6 with an unpaid one-hour lunch break at 1 or 2 (depending on when I want to take it) then a 10 minute break at around 4. Should my lunch break be paid or unpaid?

    • Just Vick en septiembre 22, 2017 en 2:22 pm

      Lunch/Meal/Rest Breaks are not mandatory to be paid. They are unpaid time. Regular breaks (usually those 10-15 minutes) are paid. Your employer may ask you to stay on premises during this time, but will allow you to be relieved from work.

  16. Sylvia navarro en septiembre 20, 2017 en 7:00 pm

    On Saturday’s we’re open 7a-3p, if we happen to finish before 3a will clock out early. I will usually open @645, but the managers force us to start lunch at 10a, before the 5th hour. Can they do this!?

    • Just Vick en septiembre 22, 2017 en 2:25 pm

      If you employer has asked you to fulfill your Luch/Meal/Rest Break prior to your 5th hour of work, they are simply following the law, and running under compliance rules. All employees working more than 6 hours are required to receive a Luch/Meal/Rest Break. The hour this break is issued depends on the hour you start work. For early starters it will seem more like Breakfast than Lunch since they started earlier in the day.

  17. Shannon en septiembre 19, 2017 en 1:49 pm

    I am scheduled to work from 10:30 to 7pm everyday and get only a 1 hour lunch after 2 hours of work. With no other breaks throughout the shift. We also work at least an hour of overtime everyday. We can however take a 30 minute lunch with two fifteen minute breaks but it takes 5 minutes to get across the warehouse, and cannot remain at our station during the break. Therefore everyone opts for the one hour lunch.
    ¿Es esto legal?

    • Teri Rae en septiembre 20, 2017 en 5:27 pm

      Question: Does your employer pay you for the 15 minute breaks; whether they are spread through the day or lumped together with the lunch?

      There is nothing in the law that prohibits an employer from combining breaks, in fact the breaks are supposed to be as close to the middle of the shift as possible. Employees are entitled to 10 minutes net for every four hours worked.

      If your employer is not paying you for these breaks, then there is a violation.

  18. DON ADKISSON JR en septiembre 18, 2017 en 2:16 pm

    I work for an LAX car rental agency. I’m constantly going over my 5th hour. Always almost every weekend. I have two manager on duty days. One my main manager on duty day. Like yesterday for example. 9/17/17 I went to 6hrs before I took a break. Every week it’s constantly like this cause the owner of the company has been cutting hours to everyone in the company due to him loosing another buisness. Is what we all assume. Well by home loosing this business. He cuts hours on people that also trickle down and me as a part of management team I have to work departments by myself. I always complain to him and knowone helps me. Constant drama. Like yesterday. I was alone in return area till 10am from 730am had 68 returns. Well business opened at 8am so we started renting cars I also gotta pull up the cars and do inspection for each car. Plus whatever returns are coming in constantly. At one point I had 4 returns two cars I was already returning and two pull in to return as I told them park as two customers are walking up to get there cars to rent and leave from being rented inside at the desk. I was working outside desk just two of us one person per desk. Finally I get help the next agent comes in to watch the back desk ( return desk and desk where you pick up your car after you rent them) then it gets busier. I didn’t take my lunch till 6 hrs as I called management to tell them hey I really need help knowone responded. Like the week 2 agents from the front down. And then 1 car wash agent down and then the back agent down so now I’m stuck with no coverage didn’t take my break for 7hrs then all the owner does is call me and tell me I need to tell me I need to take a break how? How I told him. With 70 cars returning plus over 40 cars being rented how? He didn’t say anything. Plus oi have a store manager and assistant store manager both didn’t call me during my day to tell me you’ll be fine Don everything will be alright I was alone. I’m sick of it. This ain’t right this happens every weekend. And they only pay me 13 an hour. .50 cents more then the back agent who has one dang job. What about me .50 more pay and full responsibility of the whole location over at any giver time 6 to 8 people it’s a small location but dang I’m no robot or a slave. I need help. Please………

    • Teri Rae en septiembre 20, 2017 en 5:36 pm

      If your employer pays you one hours pay for the missed lunch/break period, there is no violation.

  19. Jenny en septiembre 13, 2017 en 8:30 pm

    I work at a restaurant.
    10 am-2pm. (4hours)
    Clock out for lunch
    Return at 4-9 pm

    Company forces us to take a 30 minute meal break between 4-9. Is this by law? Or can I waive it? I’m already taking a 2 hour lunch and don’t want to waste my 30minutes what should I do?

    • Teri Rae en septiembre 20, 2017 en 5:47 pm

      You do not have a two-hour lunch, you have a split shift. You are required to have a meal period before the end of the 5th hour of work – in the example above, your meal must begin before 9 PM.

      You are working a total of 8.5 hours. In addition to your 8 hours straight time pay, you are entitled to .5 hours pay at time-and-a-half (OT) and one hours pay for working a split shift.

    • Eugene Lee en octubre 3, 2017 en 7:59 pm

      Well, that 2 hour lunch is very likely a split shift, and you should be receiving a “split shift premium”. It all depends on your rate of pay, however. You should talk to a lawyer about filing a split shift complaint.

  20. Steve en septiembre 11, 2017 en 12:17 pm

    If you are scheduled an 8 hour shift and required to take 2 ten minute breaks and a 30 minute lunch. Does it really matter what order those are taken? For example: You start at 10am and then take your lunch at 12pm (before you 5th hour). From there you take a 10 minute break at 230pm and another 10 min break at 430pm then clock out at 630pm. Essentially, you are still getting a break every 2 hours (which is pretty ideal) but you’re taking your lunch first. Or, do you need to take your first 10 minute break prior to taking your 30 min lunch?

    • Jess en septiembre 19, 2017 en 7:20 am

      Yes, it matters what order they are taken because of the requirement that you must have a meal break every 5 hours. So with your example:;

      Start Work: 10:00 am
      Start Lunch: 12:00 pm
      End Lunch: 12:30 pm
      End Work: 6:30 pm

      You work from 12:30 pm – 6:30pm which is a meal violation in CA – causing your employer to pay you a meal premium.

      Hope that helps!

      • Steve en septiembre 29, 2017 en 4:49 pm

        Yes it does! So I guess using that same work shift, if one were to take their lunch at 1:30pm, and then a 10 min break at 4pm and then another 10 min break at 6pm is that OK? or do you have to take a 10 min break before your lunch? Just curious. Thanks!

    • Teri Rae en septiembre 20, 2017 en 5:52 pm

      No, it doesn’t matter to the law. In fact your breaks can be combined into one 20 minute break or split into four 5 minute breaks. The only requirements are that your lunch begin by the end of the fifth hour and that you get 10 minutes break time NET for each 4 hours worked. The timing is up to your employer.

  21. Helen en septiembre 10, 2017 en 10:11 am

    If someone is scheduled 330 pm until 1145 pm & takes their 30 minute meal break at 5 pm, does the 5.5/6th hour meal rule apply to the 2nd half?

  22. Michelle M Torres en septiembre 6, 2017 en 9:52 pm

    I don’t get breaks at work and they do not enforce them. My co worker today did not get a break or a lunch today.

  23. Jessica en septiembre 3, 2017 en 7:40 pm

    I am employed by a company called Sodexo and am currently positioned to work at a Starbucks. I work 8-12 hr shifts because we are really short staffed (usually from 8am-6pm 0r 8 pm) and only get one 30 minute break after 5 hrs but no 10 minute breaks (which we would need to at least go to the bathroom because its in the building across from us. Who do I go to report this?

    • Erma en septiembre 7, 2017 en 5:46 pm

      The company should have a HR phone number to reach out to for this type of situation. You state your concern and then a case is opened and sent to the District Manager for further investigation to fix anything not going to compliance.

    • D Harrison en septiembre 9, 2017 en 4:47 pm

      I work at auto dealership am paid by flat rate and in California. We are told we don’t get paid for breaks their included.
      I’ve been told by techs from other dealerships this is not correct?

    • Teri Rae en septiembre 20, 2017 en 6:03 pm

      Report to the Department of Industrial Relations’ Division of Labor Standards Enforcement.
      BTW you do not need to use your break time to go to the bathroom. The law requires “Suitable resting facilities shall be provided in an area separate from the toilet rooms and shall be available to employees during work hours” Therefore bathroom time is not break time.

      • Marchele en octubre 1, 2017 en 6:59 pm

        I work as a cashier at a store. I have to walk to the break room to another part of the store. I have been told that I must include my walk time as part of break time. Is this true.

        • Eugene Lee en octubre 5, 2017 en 10:10 pm

          Yes, but the walk has to be reasonable. They can’t make you go somewhere that’s five minutes walk away, for instance.

  24. Ryan en septiembre 2, 2017 en 1:00 am

    I work 5 hour shifts in a restaurant and you cant take breaks, the manager sends us on break if we work 6 hours. What do i do

    • Mine en septiembre 17, 2017 en 6:58 pm

      HI, my shifts are almost always 5 hours only. I take my 15 minute break after the 2nd hour, am I entitled to a second break? A representative from its HR says I am entitled to another break of 15 minutes. My manager does not allow me to get another one. It is really tiresome for me considering I am 72 yo and diabetic, I need to eat every two hours. Is the management at fault here? Please advise. thanks.

  25. Leticia Rosales en septiembre 1, 2017 en 3:43 pm

    Hi I start work at 7am and get off at 3pm…i get one 10 minutes break and 30 min unpaid lunch break am I supposed to get another 10 minutes break or not?

  26. Patti en agosto 31, 2017 en 8:18 pm

    If I start work at 830 and my employer makes me take a lunch break at 10am do I get a second meal break if I work 11 to 5:30? They tell me the second half of the day does not have the 5/6 hour rule because I work less than 10 hours total.

    • Chris en septiembre 7, 2017 en 10:23 pm

      Can you request later lunch break? Because they are allowing you it under the 5 hour rule meaning you have taken your lunch under compliance however they are required to give you two 10 min breaks and I believe you should get 15 min what they are doing is having you take a lunch break usually at a time you would take your first ten min break then your lunch should be before 130 pm and last break around 4 pm if you work for a doctor office then normally just give one lunch break and usually before 5th hour worked so no meal premium given – I have worked for few doctors offices and urgent care and never have been given rest paid breaks only lunch hope this helps –

  27. Mike colin en agosto 31, 2017 en 4:41 pm

    I work 10 hours a day and my HR told us the drivers that we need to take 3 (3o minutes breaks) i dont think that’s right.

  28. Stephanie Hernandez en agosto 30, 2017 en 4:57 pm

    So I been working 9-10 hours a day at a dental office. My manager doesn’t even worry about my lunch and when I request to take a lunch she finds an excuse

    • Janet -Not A Lawyer en agosto 30, 2017 en 10:21 pm

      Always let em know like you have labor law knowledge and say something like “isn’t that against the law tho ?, or I thought I just read etc etc. ” and trust me it’ll work they do this to all of you assuming y’all don’t have the knowledge on those laws but once u show em u got some knowledge trust me they will do the right thing and follow the law !!!!! 👌🏼💯

    • Chris en septiembre 7, 2017 en 10:28 pm

      Once the 5th hour hits and no lunch younare entiled to one hour regular pay it’s called a meal premium. It is so employers do allow their employees to gonto lunch it is unpaid your lunch break but if you work 9-10 hours a day no lunch break then you have been owed each day one hour extra of your regular pay!

  29. Carlos en agosto 30, 2017 en 11:46 am

    Do you waive rest breaks if you take an hour lunch in a 8 hour work day 8-5 or can your rest breaks be waived for any reason

  30. Monique J Holguin en agosto 29, 2017 en 12:42 pm

    I just started working at Am Pm and they told me I am entitled to one 10 minute break and a 35 minute lunch. This is their policy for working a 8 hour shift. I don’t think this is legal.

    • Chris en septiembre 7, 2017 en 10:30 pm

      It is if they give u ur lunch before the 5 th hour – but some companies give 30 min some give 45 and some 1 hr depends on coverage and staffing etc.

  31. AB en agosto 29, 2017 en 12:42 pm

    I work 6am – 2:30pm, three days a week.
    I get a 30 minute paid lunch from 10:30am – 11:00am.
    I do not get any other breaks.

    This has been my schedule for the past 3 years.

    Is this in compliance with the labor laws?
    Thanks!

    • Chris en septiembre 7, 2017 en 10:32 pm

      It depends what industry you work for it’s horrible because they could allow two ten min breaks but if ex: medical industry it is the norm just to have lunch break

  32. Marjorie en agosto 26, 2017 en 10:09 pm

    I’m working to the assisted living as a caregiver & I start 7am-3pm. We can’t take a 10 mins break because really busy every minutes. The manager want us to take a lunch break 5hours after. Just want to know if that’s a new law for break time

    • Chris en septiembre 7, 2017 en 10:34 pm

      After 5 hrs no should be before your 5th hour but sadly yes it has been for years medical industry not usually hospitals but everywhere else they usually only give a lunch.

  33. Jay en agosto 24, 2017 en 1:28 pm

    I work an 8 hour shift with a 30 minute unpaid lunch for a total of 7.5 hours a day. I am the only employee on site for the first four hours of each day. I am not given a 10 minute break as I have a bit of slow downtime during the mornings. However, I am still manning our front desk and helping members as needed. Five hours into my shift I am given my lunch break. Everyday I have to sign a paper saying I received all my breaks, my boss makes us sign it. I have been working here for over a year now and this has been happening the entire time. Is this legal to make me sign a form when I did not receive a 10 minute uninterrupted break where I was free from doing any work?

    • Not a Lawyer en agosto 27, 2017 en 3:18 pm

      Blackmail them bc its illegal. Ask for more pay or else you’ll tell.

    • Chris en septiembre 7, 2017 en 11:37 pm

      100% illegal you do not ever sign you did something when you didn’t because will be hard to prove unless all staff stands united and does not sign or report but you need to dontogether because you know employer will say ” yes they took their breaks we have signatures showing they have.

  34. Marina Higby en agosto 24, 2017 en 10:11 am

    i would like to waive the 5 hour rule as I work 11 hour days. I’m being told I have to take my lunch at 8:30 am but then I work 8 hours after that without a lunch. I know I am entitled to a second lunch but don’t want to extend my day any longer. Is there any way to waive this rule? Lawfully? I had a meeting with HR 3 days ago and they say no. I work for a large health insurance company and one of our competitors does allow their staff to waive the 5 hour rule in cases like mine. My hours worked are 4:30 am to 5pm on average.

  35. Ana en agosto 21, 2017 en 5:59 pm

    I work from 6am-2:30pm. I don’t get any breaks just a lunch break by 12pm-12:30pm. Is this right ?

    • Editor nag en agosto 24, 2017 en 2:26 pm

      I think I read it as the first 3.5 hours of work you are entitled to a 10 minute break and one 10 minute break for every four hours in addition to a lunch break in California.

      In California, you are entitled to two 10 minute breaks and one 30 minute lunch break for one eight hour work day. If you must walk a long distance to a break area, such is the case at most amusement parks, you should be give additional time to walk to the rest area.

    • Chris en septiembre 7, 2017 en 11:41 pm

      Do you work in the medical field ? Yes only one lunch however your suppose to have by 5 th hour 11am otherwise they owe you one hour regular pay each shift you donnot have your lunch by 5th hour it’s called meal premium.

  36. Sue en agosto 17, 2017 en 6:38 pm

    My son works a 4-10 schedule in a manufacturing environment. Per his employer he has the option of the following take 2 -15 paid breaks at 6 p.m and 10 p.m. or combine the 2-15 minute breaks for a paid lunch at 8-8:30. His shift is 2p.m. to 10p.m. Monday-Thursday. If he wants to leave the premise to get food he has to clock out for 30 minutes which means he then would only get paid 9,5 hours for that day. Is this correct?

    • Chris en septiembre 7, 2017 en 11:43 pm

      2 pm-10pm is 8 hour shift

  37. Krys Blackmun en agosto 17, 2017 en 1:55 pm

    I work 4 hrs, 3 days a week and was told I was not to sit or eat during a break to , if I did they would fire me, the manager says it’s because I work in a coffee shop ??
    And the California Labor laws do not apply to the city of Long Beach

    • Chris en septiembre 7, 2017 en 11:46 pm

      Citybof Long Beach still in California last time I checked – they may mean sitting in uniform in front of customers you should be allowed to in a break area or outside of coffee shop

  38. Chris en agosto 16, 2017 en 3:32 pm

    Hi we come in at 10:30 am and have to clock out at 10:55 am to take a 30 min break to then leave at 5:30 is this legal?
    Also some days we are required to take a 3 1/2 hour break in between shifts so they don’t pay overtime

    • Chris en septiembre 8, 2017 en 1:04 am

      I have never heard of this I would contact labor board in your state because it certainly does not sound right . The whole point of rest breaks and lunch is down time away from doing work so you can be more productive during work – 25 min after you start your shift to then clock out for lunch sounds incredibly ignorant on ur employers part and doesn’t sound legal

  39. Michael en agosto 16, 2017 en 3:02 pm

    Hi.

    Normally I work 8 hours and breaks are as follow:

    Start 4:00
    1st break 6:30 – 10mins
    Lunch 8:00 – 30mins
    2nd break 11:00 – 10mins
    End 12:30

    The next 2 weeks i will be working 10hrs and it goes as follows:

    Start 4:00
    1st break 6:30 – 10mins
    Lunch 8:00 – 30mins
    2nd break 12:00 – 15mins ( that’s 3.5 hours with out a break )
    End 2:30 ( 2.25 hours from last break )

    In total after lunch working 10yrs we have 6.50 hours with only one 15min break. Is this correct/legal……..working for a mill it is a very LONG and tiring 3.5 hrs to wait from you last break. That when you come back; you still have 2,25 hrs before going home.

    To look at it another way. In 4 days working 10 hrs, we will have worked 24hrs with only 1 hr with of breaks!!!

    Gracias

  40. Erik C en agosto 16, 2017 en 2:12 pm

    whats our break privilege if we work 9 hrs and take an hour lunch? which equals an 8 hr day.
    my company seems to think that im only entitled to one 10 min break, is this ture? it was my understanding that in an 8 hour day you get 2 breaks no matter weather you take a 30 min lunch or a 60 min lunch. please clearify

    • Chris en septiembre 8, 2017 en 1:00 am

      It all depends on the industry some don’t give more then the lunch break.

  41. Kate en agosto 16, 2017 en 12:10 pm

    I work in a bar & I hate the breaks. It’s so stupid. What are my rights as far as NOT Taking them?

  42. Steve en agosto 15, 2017 en 10:40 pm

    I worked a four hour shift and did not receive one rn min break

    • Chris en septiembre 8, 2017 en 1:06 am

      Your entiled to at least 10 min break for a four hour shift.

  43. Joanna o en agosto 15, 2017 en 4:44 pm

    If I wrk 8am-3pm when should I get my first 10 min break and how soon after my 30 min lunch?

    • Chris en septiembre 8, 2017 en 1:10 am

      It depends the type of job and what type of coverage employer may need and how many employees to assign breaks – your lunch should be however before 5th hour but ideally – 1st break at 1015 or 1030 and lunch 1215 or 1230 then off 3 .

  44. Small potoates catering sucks! en agosto 13, 2017 en 2:47 am

    I worked at Small Potatoes Catering in San Francisco and they forced us to finish our only break within 10-15 minutes. Then told to stand outside in the freezing cold while eating and not allowed to sit! We were not able to take any other breaks and was yelled at by the manager during our short break to stay off our cell phone. The worst I’ve ever encountered! Terrible working conditions!!

  45. Lauren en agosto 12, 2017 en 4:32 pm

    I work in the banquet serving industry. When working an 8 hour shift, they make us take our 30 minute lunch after working only 2 hours and then we get a 10 minute break about 3 hours later or when the event ends. This seems illegal to me and at least just very stupid and shows poor planning. It doesn’t seem right to make me take lunch so early and then have a long stretch of time without a break. I’m still used to a regular job where you work 2 hours, get your break, work two more hours, get a lunch, work 2 more hours, get your second break, and then leave two hours later. They can stagger break/lunch times if there’s not a lot of workers but they choose to do things the dumbway. What do you all think?

    • Melanie en agosto 14, 2017 en 8:22 pm

      Hello Lauren i have that same as well as the later part of my shift I’m working 6 hours straight with no break cause I’m the closer everyone has gone home that could relieve me

    • Melanie en agosto 14, 2017 en 8:34 pm

      I work an 8 hour shift start at noon I am there just till 130 then forced to take my half hour lunch work about 20 minutes then off for my first 10 min break..it’s now 230 …. 230 the last person leaves. I work from 230 to 8 with no other break everyone has gone that could or can relieve me I’m pretty sure they have violated my rights. Someone’s thoughts?

    • Chris en septiembre 8, 2017 en 1:15 am

      I agree I like the every couple hours . However sometimes they want their employee to have ate before they start serving food so your not hungry during event or be short staff to cover event once again I think poor planning and scheduling but service industry known to have the worse breaks.

  46. Jhon en agosto 11, 2017 en 3:36 am

    I work 10 hour shifts with 2 breaks and one lunch break…is that right?

  47. Eric M en agosto 9, 2017 en 3:49 pm

    JG,
    I work in the Ag industry and we are being told if you work more than 11 hours you cannot waive the second meal period. Some people schedule their employees 11.5 hours, and mutually waive the second meal period which really makes it a 12-hour day (the first meal period is mandatory). At the end of an 11.5 hour day no employee wants to stay for a 30-min mandatory meal period. They would much rather waive it and go home to their family. Any thoughts?

  48. Kim en agosto 9, 2017 en 12:05 pm

    I work a little over 5 hours a day in two shifts i get 1 10 minute break. One company paid me the lunch violations for both shifts! The new company that took over says there not in violation??

  49. Kara en agosto 7, 2017 en 11:54 am

    If I worked 6 hours a shift and get only a 10 min break am I required to get a 30 to

    • Jo Graham en agosto 8, 2017 en 1:18 pm

      Yes. If you work 5 or more hours, you must get a 30min meal break. However, you can sign a meal waiver that allows you to work 6 hours with two 10 minute breaks instead.

    • james en agosto 11, 2017 en 10:37 am

      yes, in fact they have to give it before the 5 hour mark or they violate. you should be compensated. speak with your human resource rep

  50. Diane en agosto 7, 2017 en 11:31 am

    I drive for Fedex Express in California and we now have to take a nonpaid hour lunch if we work over 8 hours. We’ve only been required to take 30 minutes. Can they do this?

    • james en agosto 11, 2017 en 10:38 am

      yes, they are required by law

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