What is the Meal Rule in California? Your Complete Guide

December 25, 2025 •

3 min read

California law is significantly more generous than federal law, requiring a 30-minute uninterrupted meal break for non-exempt employees working more than five hours. This comprehensive guide explains what is the meal rule in California, including timing, waivers, and penalties for violations.

Quick Summary

California's meal rule mandates non-exempt employees receive an off-duty, 30-minute meal break for shifts over five hours, with a second break for shifts over ten hours. Violations by employers trigger premium pay and can be enforced via wage claims.

Key Points

First Meal Break: A 30-minute, uninterrupted, duty-free meal period is required for shifts over 5 hours and must begin before the 5th hour ends.
Waiver Conditions: The first meal break can only be waived for shifts of 6 hours or less, with mutual consent. A second break waiver for 10-12 hour shifts is allowed only if the first break was taken.
Premium Pay: Employers must pay one extra hour of regular pay for each workday a meal break is denied, shortened, or interrupted.
Duty-Free Period: During the break, the employee must be completely relieved of all work responsibilities and is free to leave the premises.
On-Duty Meals: Are only permissible in very limited circumstances when the nature of the job prevents an off-duty break, requiring a written, revocable agreement.
Second Meal Break: A second 30-minute meal break is required for shifts lasting more than 10 hours and must be taken before the 10th hour is over.
No Retaliation: Employers cannot legally punish or retaliate against employees who assert their rights regarding breaks.

What is the Meal Rule in California?

California's meal rule, primarily governed by Labor Code Section 512, provides robust protections for non-exempt employees, ensuring adequate rest during their workday. Unlike federal law, California mandates a 30-minute off-duty meal period for shifts exceeding five hours. This requires employers to fully relieve employees of all duties, allowing them to leave the premises without interference. The Brinker Restaurant Corp. v. Superior Court decision clarified that employers must provide the breaks but aren't required to police employees to ensure they take them, as long as they don't impede the breaks. Failure to comply can lead to significant penalties for employers.

Key Requirements for Meal Periods

First Meal Period

Non-exempt employees working more than five hours are entitled to a first meal break. This break must be at least 30 consecutive minutes, uninterrupted and duty-free, meaning the employee is completely relieved of all work. This break must start before the employee completes their fifth hour of work.

Second Meal Period

For shifts exceeding 10 hours, a second 30-minute, uninterrupted, and duty-free meal break is required. Additional details on the timing, waiver conditions, and on-duty meal period rules can be found on the {Link: DIR Website https://www.dir.ca.gov/dlse/FAQ_MealPeriods.html} and {Link: CalChamber https://www.calchamber.com/california-labor-law/meal-and-rest-breaks}.

Consequences of Meal Rule Violations

Employers who violate California's meal break rules face penalties. If a meal break is missed, late, or interrupted on a workday, the employer owes the employee one additional hour of pay at their regular rate, known as premium pay. If both a meal and a rest break are violated on the same day, the employee could be entitled to two hours of premium pay.

California vs. Federal Meal Break Rules

Compare California's requirements to the federal Fair Labor Standards Act (FLSA):


Feature	California Meal Rule	Federal Fair Labor Standards Act (FLSA)
Mandatory	Yes, for non-exempt employees over 5 hours.	No federal mandate.
Length	At least 30 consecutive minutes.	No specified length; shorter breaks may be paid, longer ones unpaid if duty-free.
Timing	First break by end of 5th hour; second by end of 10th hour.	No timing requirement.
Off-Duty Requirement	Must be fully relieved of duties and free to leave.	Can be unpaid if relieved of duties.
Waiver	Permitted under specific hour limits and consent.	Not applicable.
Penalties	One hour premium pay per violation per day.	No federal penalty.

What to Do If Your Meal Break Rights are Violated

If your meal break rights are violated, document the details, including dates, times, and circumstances. You can discuss the issue with your employer or HR, although this is not mandatory. If unresolved, you may file a wage claim with the California Division of Labor Standards Enforcement (DLSE) or consult an employment attorney. California law protects employees from retaliation for asserting their break rights.

Conclusion

Understanding what is the meal rule in California is vital for ensuring fair treatment in the workplace. These laws ensure non-exempt employees receive necessary rest through uninterrupted meal periods. Adherence to these rules, including the conditions for waivers and potential penalties, protects employee rights and promotes legal compliance for employers. For more detailed information, visit the official website of the California Department of Industrial Relations.

Frequently Asked Questions

A meal break must be at least 30 consecutive and uninterrupted minutes.

Yes, but only under specific, limited conditions. The first meal break can be mutually waived if the total shift is 6 hours or less. A second meal break can be waived for shifts between 10 and 12 hours, provided the first was taken.

If your meal break is interrupted for any work-related reason, the employer has violated the rule. This entitles you to one hour of premium pay at your regular rate for that day.

The penalty is one hour of pay at the employee's regular rate for each workday a compliant meal break was not provided.

No. Meal breaks are generally unpaid and 30 minutes long. Rest breaks are paid, 10-minute breaks, and they cannot be combined with a meal break.

It must begin before the end of the employee's fifth hour of work.

You should document the violation with dates and details. You can then file a wage claim with the California Division of Labor Standards Enforcement or consult an employment lawyer.

Generally, no, unless it's a specific, limited 'on-duty' agreement, which must be paid. If you are required to stay on-site for the employer's benefit, the break must be paid.

Yes. California's meal and rest break laws apply to all non-exempt employees, regardless of full-time or part-time status.