California meal and rest break laws

What breaks does California require? A 30-minute meal period for a work period of more than 5 hours, a second for more than 10, and a paid 10-minute rest period per 4 hours or major fraction (Labor Code 512(a); Wage Order 4-2001, section 12).

Meal periods: Labor Code section 512(a)

"An employer shall not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. An employer shall not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and the employee only if the first meal period was not waived."

Shift length	Meal periods owed
5 hours or less	none
over 5, up to 6	one, can be waived by both sides
over 6, up to 10	one
over 10, up to 12	two; the second can be waived if the first was not
over 12	two

A meal period is unpaid only if the worker is relieved of all duty. Wage Order 4 section 11(A) says that otherwise it is an "on duty" meal period and is "counted as time worked."

Rest periods: Wage Order 4, section 12(A)

"The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof. However, a rest period need not be authorized for employees whose total daily work time is less than three and one-half (3 1/2) hours. Authorized rest period time shall be counted as hours worked for which there shall be no deduction from wages."

"Major fraction" means more than half, so 6 hours and 1 minute counts as two four-hour blocks (E: our reading of the words; the Order gives no table).

The premium for a missed break

Wage Order 4 sections 11(B) and 12(B): if a meal or rest period is not provided, "the employer shall pay the employee one (1) hour of pay at the employee's regular rate of compensation for each workday" that it is not provided. The text sets this per workday for meal periods and, separately, per workday for rest periods.

Which order applies

The quotes above are from Industrial Welfare Commission Order 4-2001, which covers professional, technical, clerical, mechanical and similar jobs. Other industries have their own numbered order. We have read only Order 4.

Not legal, tax or payroll advice. Section 512 read on October 27, 2026 from the Legislature's page through an Internet Archive copy dated February 22, 2025 (the live site refused our connection); Order 4-2001 read on dir.ca.gov.