California Meal Break Compliance Calculator
Break History & Waivers
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Understanding California Meal Break Laws
In California, labor laws regarding meal periods are among the strictest in the United States. Under California Labor Code Section 512 and the applicable Wage Orders, non-exempt employees are entitled to specific, uninterrupted meal breaks based on the duration of their shift.
Key Rules for California Meal Breaks
- The 5-Hour Rule: If you work more than 5 hours in a day, your employer must provide a 30-minute unpaid meal break.
- The 6-Hour Exception: If your total work period for the day is no more than 6 hours, the meal period may be waived by mutual consent of both the employer and employee.
- The 10-Hour Rule: If you work more than 10 hours in a day, a second 30-minute unpaid meal break must be provided.
- The 12-Hour Exception: If you work no more than 12 hours, the second meal break may be waived, but only if the first meal break was not waived.
What Constitutes a "Legal" Meal Break?
For a meal break to be considered valid under California law, the employer must:
- Relieve the employee of all duties.
- Relinquish control over the employee's activities.
- Permit the employee a reasonable opportunity to take an uninterrupted 30-minute break.
- Not impede or discourage the employee from taking the break.
Meal Break Penalties (Premium Pay)
If an employer fails to provide a required meal break, they are required to pay the employee one additional hour of pay at the employee's regular rate of compensation for each workday that the meal period is not provided. This is often referred to as "premium pay."
Note: Even if you work through only a portion of your break, or if your break is interrupted for work-related reasons, you may be entitled to the full one-hour penalty pay.
Example Scenarios
| Shift Length | Requirement |
|---|---|
| 4.5 Hours | No meal break required. |
| 5.5 Hours | 1 break required (Can be waived). |
| 8.0 Hours | 1 break required (Cannot be waived). |
| 11.0 Hours | 2 breaks required (2nd can be waived if 1st was taken). |