Meal Breaks: The Nuts and Bolts

What is a “Meal Break?”

Non-exempt employees in California are entitled to a thirty-minute meal break (or “meal period”) before the end of the fifth hour of work performed. In a typical eight-hour shift, a non-exempt employee is entitled to one thirty-minute meal break.

A non-exempt employee can waive his or her meal break if the total number of hours worked is less than six in a day. If a non-exempt employee works more than ten hours in a day, he or she is entitled to a second meal break. The second meal break can be waived by the employee but only if the first meal break was not waived.

Meal Breaks Requirements

Meal breaks must be at least thirty minutes and employers must relieve the employee of all duties during the meal break(s). An employee must be allowed to take their meal breaks without interruption. The employee must “clock out” and be relieved of all working duties. The employer cannot interfere, cut short, or delay the employee’s meal break. Typically, employees are allowed to leave their workplace and take their break where they choose, but certain exceptions may apply.

Penalties

If an employer fails to give a non-exempt employee a meal break, the employee is entitled to one extra hour of his or her regular rate of pay for each day that the meal break is not provided. For example, if an employee earns $20 per hour and their employer interferes, restricts, or cuts the meal break short for five consecutive working days, the employer owes the employee a $100 “premium” ($20 for each of the five working days).