Meal and Rest Break Requirements in California

Short answer Yes, for most nonexempt employees. California generally requires a 30-minute meal period before work exceeds five hours, a second 30-minute meal before work exceeds 10 hours, and a paid 10-minute rest period for each four hours worked or major fraction; short-shift waivers and industry-specific exemptions apply.
State
California
Statute checked
October 2, 2026
Sources
7 statutes
Pending legislation could change this.
CA AB 2078 (2025-2026) (Enacted September 18, 2026 as 2026 Cal. Stat. ch. 287; no urgency or special effective-date clause; scheduled for January 1, 2027 under the ordinary California rule): Will add building-maintenance stationary engineers to § 512's meal-period exception when they are covered by a qualifying collective-bargaining agreement. track it Status checked October 9, 2026.

At a glance

Governing lawCal. Lab. Code §§ 512, 226.7 + the employee's current IWC industry/occupation wage order (Order 4 quoted here)
Required meal break30 minutes before work exceeds 5 hours; second 30 minutes before work exceeds 10 hours (§ 512(a))
Required paid rest breakPaid 10 minutes per 4 hours or major fraction; none required below 3½ total daily hours (Order 4 § 12(A))
Paid or unpaid?Off-duty meal may be unpaid; on-duty meal is paid; required rest time counts as paid hours worked (Order 4 §§ 11-12)
Waiver and on-duty mealsFirst meal waivable by mutual consent if day ≤6 hours; second if day ≤12 and first was taken; on-duty meal needs necessity + revocable written agreement (§ 512(a); Order 4 § 11(A))
Who is covered or exemptNonexempt employees under the applicable wage order; Order 4 excludes qualifying executive, administrative, and professional employees; § 512 has industry/CBA exceptions
Separate rule for minorsCovered minors follow the same Order 4 meal/rest schedule: § 11 covers 'any person' and § 12 covers 'all employees'
Remedy for a missed breakOne additional hour at the regular rate for each workday a required meal is not provided, and separately for a required rest period (Order 4 §§ 11(B), 12(B); § 226.7(c))

Requirements one by one

Applying the meal clock

Cal. Lab. Code § 512(a) requires the first 30-minute meal before work exceeds five hours. A seven-hour shift therefore needs that meal even if both sides would prefer to skip it: the mutual waiver applies only when the whole day is no more than six hours. The second meal is due before work exceeds 10 hours; a day of no more than 12 hours can waive it only if the first meal was taken.

Paid rest and on-duty meals

IWC Wage Order 4-2001 § 12(A) directs employers to allow rest "insofar as practicable" near the middle of each work period. A seven-hour day ordinarily qualifies for two paid 10-minute rest periods: one for the first four hours and one for the major fraction of the next four. Order 4 § 11(A) counts a meal as work time unless the employee is relieved of all duty. An on-duty meal needs both the nature-of-work condition and a written agreement the employee may revoke in writing.

Coverage and missed breaks

Order 4 § 1(A) covers professional, technical, clerical, mechanical, and similar occupations but excludes qualifying executive, administrative, and professional employees from its break provisions. Its §§ 11(B) and 12(B) provide separate one-hour premiums for workdays missing a required meal or rest period. Cal. Lab. Code § 226.7(b)-(g) also states the one-hour premium for state-mandated breaks. Covered minors follow the same Order 4 meal and rest language; other child-labor limits are separate.

What trips people up

  • Collective-bargaining exceptions. Cal. Lab. Code § 512(e)-(f) applies only to specified occupations with an agreement meeting detailed meal, arbitration, overtime-premium, and pay-rate conditions. Chapter 287 of the 2026 California Statutes (AB 2078), § 1, adds building-maintenance stationary engineers to that list on January 1, 2027; the current law has no such listed exception.
  • The 2027 remedy text. Current § 226.7(g) repeals this version on January 1, 2027. The already-enacted § 226.7(f) becomes operative that day and retains the general missed-break premium. The expiring version has special security-officer rest language; its expiration does not erase the general remedy.

Statutes and sources

  • Cal. Lab. Code § 512(a), (e)-(f). The current official text sets the 30-minute first- and second-meal rules, the short-shift waivers, and the qualifying-CBA exceptions. Official text (accessed October 2, 2026).
  • IWC Wage Order 4-2001 § 1(A), § 11(A)-(B), and § 12(A)-(B). The current official order defines coverage, off-duty/on-duty meals, paid rest periods, and the one-hour missed-break premiums. Official PDF (accessed October 2, 2026).
  • Cal. Lab. Code § 226.7(b)-(g). The current and already-enacted 2027 versions appear together in the official code article. Official text (accessed October 2, 2026).
  • 2026 Cal. Stat. ch. 287 (AB 2078). The official chaptered act and bill history amend Labor Code § 512 to include building-maintenance stationary engineers in the qualifying-CBA exception; the chaptered version identifies urgency as “NO” and contains no special effective-date clause (accessed October 2, 2026). The Secretary of State's legislation page explains the ordinary January 1 effective-date rule (accessed October 2, 2026).

Source links

Every statute quoted above, linked, with the date we checked it.

Cal. Lab. Code § 512(a), (e)-(f) · accessed 2026-10-02
Cal. Lab. Code § 226.7(b)-(g) · accessed 2026-10-02
This page is general legal information about California meal and rest break rules for adult, nonexempt private-sector employees, not legal advice about your job or workplace. Industry wage orders, collective-bargaining agreements, local ordinances, and occupation-specific rules may change the result, and separate laws govern minors and lactation breaks. Whether time is fully off-duty or must be paid often depends on facts this page cannot resolve. Verified against the official statute, regulation, or wage-order text on the date shown; confirm current law or consult the state labor agency or a licensed attorney before relying on it.

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