Meal & Rest Periods

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California has some of the strictest break laws in the country. Employers must provide specific meal and rest periods to non-exempt (hourly) employees, and failure to do so can lead to penalties.

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Under Labor Code §§226.7 and 512, and Industrial Welfare Commission (IWC) Wage Orders:

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• Meal Periods

  • Employees who work more than 5 hours in a day must receive at least a 30-minute unpaid meal period.

  • If the workday is 10 hours or longer, a second 30-minute meal period must be provided.

  • Meal periods must be uninterrupted and duty-free. If an employee is required to work through a meal period, they must be paid for the time.

  • Employees may voluntarily waive their first meal period if their shift is 6 hours or less, and may waive the second meal if their shift is 12 hours or less (but only if they took the first meal break).

• Rest Periods

  • Employees are entitled to a paid 10-minute rest period for every 4 hours worked (or major fraction thereof).

  • Rest breaks should be provided in the middle of each work period when possible.

  • Shorter shifts (less than 3.5 hours) do not require a rest break.

• Premium Pay

  • If an employer fails to provide a required meal or rest period, the employee is owed one additional hour of pay at their regular rate for each day a break is missed.

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Why this matters:

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• Break rules are one of the most common sources of wage & hour lawsuits in California.

• Employers can face significant penalties if break rules are ignored or not properly tracked.

• A clear timekeeping and scheduling system helps ensure breaks are logged and compliance is consistent.

 

At Sprout & Vine, we configure timekeeping systems to automatically track and flag meal and rest compliance, protecting your business from penalties while supporting employee well-being.