Your Right to Meal and Rest Breaks Under California Law in 2025

As an employee in California, you’re entitled to more than just a paycheck from your employer. The state’s labor laws also guarantee you the right to take meal and rest breaks during your shift. These laws are designed to ensure you can rest, refuel, and recharge, promoting a healthier and more humane work environment.

At TONG LAW, we believe every worker should understand their basic rights on the job. In this post, we’ll walk you through everything you need to know about meal and rest breaks under California law in 2025. Armed with this knowledge, you’ll be better equipped to spot violations and stand up for your rights in the workplace.

Your Right to Meal Breaks in California

If you’re a non-exempt employee in California, you’re entitled to a 30-minute unpaid meal break once you’ve worked for five hours.

Here’s how it breaks down:

• For shifts lasting more than 5 hours, you get one 30-minute meal break
• For shifts lasting more than 10 hours, you get a second 30-minute meal break

During your meal break, your employer must relieve you of all duties and relinquish control over your activities. That means you should be free to leave the premises and spend the break time however you wish.

Key Points About Meal Breaks

• Meal breaks must be uninterrupted. Your boss can’t ask you to do any work during your break, even if it’s just a “quick question.”
• Meal breaks must begin before the end of your fifth hour of work. So, if your shift starts at 9am, your break must start by 1:59pm.
• If your shift is 6 hours or less, you can agree with your employer to waive your meal break. But this must be voluntary – your boss can’t pressure you into skipping breaks.
• If you work more than 10 hours but less than 12, you can waive your second meal break, but only if you took the first one.

Your Right to Rest Breaks

In addition to meal breaks, California law also entitles you to paid 10-minute rest breaks throughout your shift.

Here’s the rest break breakdown:

• You get one 10-minute rest break for every 4 hours worked
• Rest breaks should fall in the middle of each 4-hour work period, if possible
• Rest breaks must be uninterrupted – you can’t be asked to work during them
• Your employer must provide a suitable resting area for breaks, like a break room

The number of breaks depends on total hours worked, not scheduled hours. So even if you’re scheduled for an 8-hour shift but get sent home after 6 hours, you’d still be entitled to one rest break.

Exceptions and Special Cases

There are a few twists when it comes to meal and rest break rules:

• If you work less than 3.5 hours total, you aren’t entitled to a rest break
• Certain industries, like healthcare and construction, have some exceptions to the standard rules
• If you’re an “exempt” employee (like an executive or professional), you may not be covered by rest break rules

It’s a good idea to check with an employment lawyer to understand how the rules apply to your specific case.

What Happens If Your Employer Breaks the Rules?

When an employer fails to provide a legally-compliant meal or rest break, they owe you one extra hour of pay at your regular rate for each day the violation occurred. This is sometimes called “premium pay.”

If your employer isn’t following the rules, you have options:

1. Raise the issue with your manager or HR: Sometimes, violations are unintentional, and a friendly reminder can solve the problem.
2. File a wage claim with the Labor Commissioner: If your employer doesn’t fix the issue internally, you can file an official claim to seek the premium pay you’re owed.
3. Consult an employment attorney: A lawyer experienced in meal and rest break claims can assess your case and advise you on your best path forward, whether that’s a wage claim or a lawsuit.

It’s important to act quickly, as the deadline to file a claim is usually three years from the date of the violation.

Stand Up for Your Meal and Rest Break Rights

We hope this post has helped you understand your basic rights to meal and rest breaks on the job. Remember, these laws exist to protect your health, safety, and dignity as a worker. Don’t let violations slip by – you’ve earned your breaks, and you have the right to take them uninterrupted.

If you think your employer has denied you meal or rest breaks, or if you’re facing retaliation for asserting your rights, TONG LAW is here to help. Our team of experienced employment attorneys is dedicated to fighting for workers like you. Reach out today for a confidential consultation – together, we’ll make sure you get the breaks (and the pay) you deserve.