Under California’s meal and rest break rules, most non-exempt employees must get an unpaid, duty-free 30-minute meal period that starts no later than the end of their fifth hour of work, and a second one that starts no later than the end of the tenth hour. They also need a paid 10-minute rest break for every four hours worked “or major fraction thereof.” If you do not provide a required break, you owe one extra hour of pay at the employee’s regular rate of compensation for each workday. The cap is one premium per day for meal periods and one per day for rest periods.
Federal law, the Fair Labor Standards Act, does not require meal or rest breaks. California’s rules come from Labor Code sections 512 and 226.7, the Industrial Welfare Commission (IWC) Wage Orders, and several state Supreme Court decisions. Here is what employers need to know in 2026.
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The rules apply to non-exempt employees covered by an IWC Wage Order. There are 17 wage orders, organized by industry and occupation, and their break sections are similar but not identical. Some groups have their own variations, including motion picture workers, certain health care employees, some construction, drilling, logging and mining jobs, and some employees under qualifying collective bargaining agreements. Confirm which wage order applies to your business before you write a policy.
An employee who works more than five hours in a day must be provided a meal period of at least 30 minutes. It must begin no later than the end of the fifth hour of work. If someone clocks in at 8:00 a.m., the meal must start by 1:00 p.m. A meal that starts at 1:05 p.m. is late, and a late meal can trigger a premium just like a missed one.
The meal must be off duty. Under Brinker Restaurant Corp. v. Superior Court (2012), the employer must relieve the employee of all duty, give up control over their activities, and allow a reasonable opportunity for an uninterrupted 30-minute break. Employers don’t have to make sure employees actually stop working, but they can’t discourage or pressure anyone into skipping or shortening the break.
An employee who works more than 10 hours in a day must be provided a second 30-minute meal period, starting no later than the end of the tenth hour.
Keep waivers in writing and make clear they are voluntary. Some wage orders, such as those for certain health care workers, have different second-meal waiver rules.
An on-duty meal, where the employee eats while still working, is allowed only when the nature of the work prevents relief from all duty. A sole overnight clerk who cannot leave the post is a typical example. The Labor Commissioner applies an objective test, so convenience or staffing preferences don’t qualify. The agreement must be in writing and must say the employee can revoke it in writing at any time. On-duty meal periods count as hours worked and must be paid.
Employers must “authorize and permit” a net 10-minute paid rest period for every four hours worked or major fraction thereof. The Labor Commissioner treats anything over two hours as a major fraction. No rest period is required when total daily work time is under three and a half hours. In practice:
Timing. Rest periods should fall near the middle of each work period where practicable. In an eight-hour shift, a common pattern is one rest break before the meal and one after it. Rest time counts as hours worked.
Duty-free. In Augustus v. ABM Security Services (2016), the California Supreme Court held that rest periods must be free of all duty and employer control, including being kept on call. Employees also can’t combine rest breaks to leave early or arrive late. The Labor Commissioner’s rest period FAQ lists the limited industry exceptions.
Labor Code section 226.7 requires one additional hour of pay at the employee’s “regular rate of compensation” for each workday a required meal or rest period is not provided. An employee can receive at most one meal premium and one rest premium per workday. Short, late and interrupted meals can all trigger a premium, not only missed ones.
Many employers used to pay premiums at the base hourly rate. In Ferra v. Loews Hollywood Hotel, LLC (July 2021), the California Supreme Court held that “regular rate of compensation” means the same as the “regular rate of pay” used for overtime. That includes nondiscretionary pay such as qualifying bonuses and shift differentials. The ruling applies retroactively. If your employees earn any of these extras, payroll needs to calculate the regular rate before computing break premiums.
The wage orders require accurate time records showing when each work period begins and ends. Meal periods must also be recorded, unless operations shut down entirely during the meal. Authorized rest periods generally don’t need to be recorded.
In Donohue v. AMN Services, LLC (February 2021), the California Supreme Court made two holdings:
Unexplained short or late meals in your records count against you. Documented reasons help your defense. The full Donohue opinion is worth reviewing with your HR or payroll advisor.
Most break violations are timing problems: a lunch that started 10 minutes late, a shift that ran long, a manager who forgot. Software can’t make you compliant by itself, but it can show you these problems before they turn into wage claims.
EZTime starts at $2 per employee per month. See pricing or start a 14-day free trial. Software supports your compliance process but doesn’t replace it, so have your policies reviewed by qualified counsel.
Set your break policy in EZTime and get reminders and alerts for missed meal and rest breaks before the week closes.
Yes, within limits. Under Brinker, employers must provide a duty-free meal but don’t have to force employees to take it. If an employee freely chooses to work through it, no premium is owed. Time records showing a missed meal still create a presumption of a violation, so document that the choice was voluntary.
A late or short meal can also trigger a premium, unless the employee was given a compliant opportunity and chose otherwise. Donohue confirmed that short and delayed meals in time records support a presumption of violation.
Two paid 10-minute rest breaks, plus one 30-minute meal period.
No. Donohue v. AMN Services (2021) held that employers cannot round meal period punches. Record the actual minutes.
The regular rate of compensation, which Ferra v. Loews (2021) equated with the overtime regular rate. It includes nondiscretionary payments such as qualifying bonuses and shift differentials.
The wage order break rules generally apply to non-exempt employees, so properly classified exempt employees are typically excluded. Classification depends on duties and salary tests, and exemptions vary by wage order. The Labor Commissioner’s meal period FAQ is a good starting point.
State guides: see our Texas labor laws for employers.
How time clock rounding works under the FLSA and when it becomes risky.
The 40-hour workweek, the regular rate and worked overtime examples.
Fair Workweek rules compared by state and city.
Accrual methods, caps, carryover and payout rules for PTO policies.
Download the free Excel template and learn how to fill it out.
This article is general information about California meal and rest break rules as of 2026 and is not legal advice. Wage orders, exemptions and case law vary by industry and change over time. Consult a qualified California employment attorney or the California Labor Commissioner about your specific situation.