California Meal Period Laws
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FAQ
California employers must provide non-exempt employees with meals and rest breaks during their shifts. An employer should provide a 30-minute unpaid meal break for every five hours worked. An additional 30-minute meal break should also be provided for employees who work more than ten hours in a shift.
In California, employers cannot legally force employees to take lunch breaks. They are often a source of confusion for both employer and employee. If you are working through lunch break questions, Ottinger Employment Lawyers can assist you. Contact us online today or call 213-204-8002.
Though not required, I always recommend that employers reduce this waiver to writing. And, equally important, the employer should document every day that the employee and employer agree to such a waiver.
Nonexempt California employees must be given a meal or lunch break for a minimum of 30 minutes for shifts longer than five hours. This break is unpaid, uninterrupted, and must begin before the end of your fifth hour of work. This break can be waived if your work day isn't longer than 6 hours.
A meal period waiver is not required to be in writing by the California Labor Code or Wage Orders it's important to document such a waiver, because if a lawsuit does arise, you will want the waiver to be in writing.
