The California Labor Code provides that employees who work more than five (5) hours in a day are entitled to a thirty (30) minute meal break. However, if the employee is working no more than six (6) hours in a day, the employee may waive their meal break.
California requires employers to provide employees with ten-minute rest breaks for every four hours (or major fraction) worked. Anything over two hours is a “major fraction” of a four-hour period.
Basic rules For shifts 10 hours or longer, an employee is entitled to two 30-minute breaks. An employee is not entitled to any breaks if their shift is 5 hours or less. If an employer and an employee agree, the break may be taken in 2 periods of at least 15 minutes.
In general, when an individual resides in California, they are subject to California's comprehensive and protective labor laws regardless of where their employer is located. California laws also apply to those who are legal residents of other states but are working in California.
Employers who make it difficult or impossible for their workers to take these legally-protected breaks owe their workers compensation for forcing them to miss their breaks. Should they fail to provide this compensation, these employers could face a lawsuit based on California law.
If you wish to report a widespread violation of labor law by your employer or a violation affecting multiple employees, please contact LETF via phone, online lead referral form or email: Call the LETF Public hotline anytime: 855 297 5322. Complete the Online Form / Spanish Form. Email us at letf@dir.ca.
The California Labor Code provides that employees who work more than five (5) hours in a day are entitled to a thirty (30) minute meal break. However, if the employee is working no more than six (6) hours in a day, the employee may waive their meal break.
 
                     
                     
                     
                     
                     
                     
                     
                     
                     
                    