We Fight Against Injustice – Wherever It May Arise

WE FIGHT AGAINST INJUSTICE – WHEREVER IT MAY ARISE

What rest breaks and meal periods are required in California?

On Behalf of | Apr 22, 2025 | Employment Law

California has protections for workers that aren’t available on a federal level, and many other states don’t have requirements that are equal to the ones in this state. One notable right of workers here is being able to take meal periods and rest breaks during their shift, as long as they work a specific number of hours in that shift. 

These breaks are meant to give the employee a chance to take care of themselves while they work. Employers can’t require employees to only use the restroom during these times. 

Rest breaks

Rest breaks are 10-minute paid periods during which the employee isn’t required to work. One break is required for every four hours, or major fraction of that time, that the employee works. It must be provided as close to the middle of that time period as possible. This means that an employee who works an eight-hour shift would be required to have two rest breaks, one during the first four hours of their shift and one during the second four hours. 

Meal periods

Meal periods last 30 minutes and are unpaid as long as the employee is completely relieved of all work duties. They must be paid if they’re required to do any work. Employees are required to have one meal period if they work at least five hours, unless they work six hours and opt to waive their meal period. A second is required if they work at least 10 hours. Only one out of the two meal periods can be waived. 

Employees who don’t receive the rest breaks and meal periods they’re required to have might opt to pursue legal action. Working with someone who’s familiar with these matters may help them to assert their rights.