The rules surrounding meal breaks are a frequent point of confusion for employees across California. This article explains the state’s regulations regarding meal periods that occur after the fifth hour of work, the financial consequences for employers, and the steps an employee can take if their breaks are not handled correctly.
Understanding California’s Five-Hour Meal Break Rule
California law establishes a clear requirement for meal breaks. If you work for more than five hours in a single day, you are entitled to a 30-minute, unpaid meal period. Your employer must provide it to you before you complete your fifth hour of work.1FindLaw. California Code, Labor Code – LAB § 512 For example, if your shift starts at 9:00 a.m., you must be allowed to start your meal break no later than 1:59 p.m.
If your workday is longer than ten hours, you are entitled to a second 30-minute meal break, which must be provided before the end of your tenth hour of work. This standard ensures that employees receive a break relatively early in their shift rather than having to wait until the end of the workday.
The law requires employers to make these breaks available, but it does not obligate them to police employees to ensure the break is taken. While the opportunity must be provided in a timely manner, an employee can choose to skip it. However, the employer must not do anything to impede or discourage you from taking your full, timely break.
Consequences of a Late Meal Break Meal Premium Pay
When an employer fails to provide a meal break by the end of the fifth hour, there is a direct financial consequence known as “meal premium pay.” If your employer is the reason your break is late, missed, or cut short, you are owed one additional hour of pay for each workday that the violation occurs.2California Public Law. California Labor Code section 226.7 (2025) This payment must be calculated at your “regular rate of compensation,” which includes your base hourly wage plus other earnings like commissions and non-discretionary bonuses.
While often called a penalty, this premium pay is legally classified as wages. This means it must be included on your itemized wage statement and paid with all other final wages if you leave the company.3California Public Law. California Labor Code section 226 (2025) This payment is triggered if the employer’s actions or policies prevent a timely break, such as a heavy workload making it impossible to stop for lunch. If an employer provides a genuine opportunity for an uninterrupted, 30-minute break and you voluntarily choose to work through it or take it late, the premium pay does not apply.
This is a daily payment. If you are forced to take a late lunch every day for a week, you would be entitled to one hour of premium pay for each of those five days.
Waiving Your California Meal Break
There are specific situations where you and your employer can mutually agree to waive your meal break, but the conditions are narrow. For your first meal break, a waiver is only permissible if your total workday is no more than six hours. The agreement to waive the break must be voluntary and is best put in writing to avoid future disputes.
A similar rule applies to the second meal break. If your total workday is no more than twelve hours, you can agree to waive the second meal break. However, this is only allowed if you took your first meal break and did not waive it. In both scenarios, the choice to waive the break rests with you, and you can revoke your waiver at any time with reasonable notice.
If a meal break is legally waived, the employer is not required to pay the one-hour meal premium. Any pressure from an employer to waive a break when you do not meet these conditions is unlawful.
Employer Obligations Regarding Meal Periods
An employer’s responsibility extends beyond simply allowing a break to occur. They have a duty to relieve you of all work-related tasks during your 30-minute meal period. This means you cannot be expected to answer emails or perform any other duties, as the break must be completely uninterrupted.
Furthermore, employers must permit you to leave the work premises during your meal break. You cannot be required to stay on-site, as the employer’s control over your activities must be relinquished for the break to be legally compliant. There are limited exceptions, such as for certain healthcare workers or in situations where a formal, written on-duty meal period agreement is in place.
Employers are also required to maintain accurate time records that reflect when meal breaks are taken.4FindLaw. California Code, Labor Code – LAB § 1174 Discouraging or actively preventing employees from taking their breaks is a violation of these obligations.
What To Do About Late or Denied Meal Breaks
If you believe your employer is not providing timely meal breaks, there are several steps to take. It is often best to start by documenting the issue and then raising it internally before pursuing formal action.
- Keep a personal log of your daily start and end times, as well as the exact times you start and end your meal breaks. Note any instances where a break was late, short, or denied, and the reason why.
- Speak with your supervisor or the human resources department. Sometimes, violations are a result of a misunderstanding of the law by a manager, and the problem can be corrected.
- Review your employee handbook, as it should outline the company’s policy on meal periods.
- File a wage claim with the California Labor Commissioner’s Office, also known as the Division of Labor Standards Enforcement (DLSE), for persistent violations.
- Consult with an employment law attorney to discuss your options, which may include filing a lawsuit to recover the owed premiums.