Meal & Rest Break Compliance

Meal Period Compliance

California meal period rules apply to non-exempt employees only.


First Meal Period

  • If an employee works more than 5 hours in a workday, the employer must provide a 30-minute unpaid meal period.

  • If the employee works 6 hours or less, the meal period may be waived, but only if both the employer and employee voluntarily agree.

  • When a first meal period is waived, the waiver should be documented using The Guide’s “Meal Break Waiver Agreement”, which confirms the waiver is voluntary and revocable.


Second Meal Period

  • If an employee works more than 10 hours in a workday, the employer must provide a second 30-minute unpaid meal period.

The second meal period may be waived only if:

  • The employee works 12 hours or less,

  • The first meal period was not waived, and

  • Both the employer and employee voluntarily agree.

Any waiver of a second meal period should also be documented using The Guide’s “Meal Break Waiver Agreement.”


When Meal Periods Cannot Be Waived

  • A first meal period cannot be waived if the employee works more than 6 hours.

  • A second meal period cannot be waived if the employee works more than 12 hours.

    Key Tip: Employees cannot choose to skip a meal period in order to leave work early.


On-Duty Meal Periods (“Working Lunches”)

A meal period is considered on-duty if the employee is not fully relieved of all work duties during the break. On-duty meal periods must be paid at the employee’s regular rate of pay.


An on-duty meal period is permitted only when all of the following apply:

  • The nature of the work prevents the employee from being relieved of all duty,

  • The employer and employee agree in writing, and

  • The written agreement states the employee may revoke the agreement at any time.

Examples may include a sole worker in a coffee kiosk, a lone night-shift convenience store employee, or a security guard stationed alone.

Whenever an on-duty meal period is used, the arrangement should be documented using The Guide’s “On-Duty Meal Agreement.” On-duty meals are the exception, not the default.


“On-Site” Lunches

If an employer requires an employee to remain at the worksite during a meal period, the meal period must be paid, even if the employee is relieved of duties. Employers must provide a suitable eating area that is not a restroom.

What Employers Must Do to Be Compliant

To meet California meal period requirements, employers must:

  • Fully relieve employees of all duties during off-duty meal periods

  • Relinquish control over the employee’s activities during the break

  • Allow a reasonable opportunity for an uninterrupted 30-minute meal period

  • Avoid discouraging, delaying, or interfering with meal periods


Premium Pay Exposure (Why This Matters)

  • If an employer fails to provide a compliant meal or rest break, the employee is entitled to one additional hour of pay at their regular rate for each workday a violation occurs.

Key points:

  • Premium pay applies per day, not per pay period

  • Meal and rest break violations are separate (an employee may be owed two hours in one day)

  • Premium pay must be paid timely and reflected on the wage statement

  • Even minor or unintentional violations can add up quickly and often form the basis of class or PAGA claims.


Common Meal Break Mistakes (Avoid These)

The most common meal-period compliance issues include:

  • Letting employees “work through lunch” to leave early or finish tasks

  • Failing to document legally permitted meal waivers

  • Treating all meal periods as unpaid without confirming the employee was fully relieved of duties

  • Using on-duty meal periods as a default instead of a true exception

  • Discouraging or delaying meal breaks during busy shifts


Rest Period Compliance (California)

Rest period rules apply to non-exempt employees only.


How Rest Breaks Work

Length & Timing

  • Employees are entitled to 10 minutes of paid rest time for every 4 hours worked, or a major fraction of 4 hours.

  • No rest break is required if the employee works less than 3.5 hours in a workday.

  • Rest breaks should be provided as close to the middle of the work period as practicable.

Paid & Duty-Free

  • Rest breaks count as time worked and must be paid.

  • Employees must be fully relieved of all job duties during the rest break.

Important Rest Break Rules

  • Employees cannot skip rest breaks to arrive late or leave early.

  • Employers may not control or restrict how employees use rest break time.

  • Smoking does not entitle employees to extra rest breaks.

  • Using the restroom does not count as a rest break.


Lactation Accommodation

Break Time Requirements

  • Employers must provide a reasonable amount of break time for an employee to pump breast milk whenever needed.

  • When possible, lactation breaks should run at the same time as the employee’s paid rest breaks.

  • If additional time is needed beyond paid rest breaks, the extra time does not need to be paid.

Space Requirements

  • Employers must provide a private space for pumping breast milk.

  • The space cannot be a bathroom.

  • The space must be shielded from view, free from intrusion, and safe and functional for pumping.


Key Takeaways

  • Meal and rest break rules apply to non-exempt employees

  • Waivers and on-duty meals are limited and highly regulated

  • Proper documentation using The Guide’s forms reduces legal exposure

  • Missed or non-compliant breaks can trigger daily premium pay liability