In 2019, Walmart paid its California employees over $6 million in damages for missed meal breaks.1 Meal break violations consistently rank among the most common wage and hour infractions in California, as we've highlighted in our guide, How to Stay Compliant with California Wage and Hour Laws in 2025. For employers operating in the Golden State, managing these breaks correctly is essential for avoiding potentially expensive penalties. California's meal break standards surpass federal requirements, creating a compliance landscape filled with potential landmines that demand careful navigation and a thorough understanding.
This guide will help you understand and implement California's meal break laws effectively.
California’s meal break laws are strict. Employees must get a 30-minute unpaid break
Non-compliance is costly. Employers must pay one extra hour per violation, and repeated infractions can lead to lawsuits, PAGA claims, and government investigations.
Clear policies and tracking prevent violations. Proper training, accurate time records, and regular audits help businesses stay compliant and avoid penalties.
Under California law, you must provide:
A 30-minute unpaid meal break when an employee works more than 5 hours in a workday.
A second 30-minute unpaid meal break when an employee works more than 12 hours.
The first meal break must begin before the end of the 5th hour of work.
The second meal break must begin before the end of the 10th hour of work.
Example: If an employee starts work at 8:00 am, you must provide their first meal break before 1:00 pm.
California law allows meal break waivers under strict conditions:
First meal break: Can be waived if the employee works no more than 6 hours that day.
Second meal break: Can be waived only if:
The total shift is no more than 12 hours.
The first meal break was not waived.
Both you and the employee consent to the waiver.
Document in writing: Although not explicitly required, having written waivers is crucial for defending against potential claims.
Voluntary: Employees cannot be pressured or incentivized to waive breaks.
Revocable: Employees can revoke their waiver at any time.
Industry-specific rules may apply: Certain sectors (e.g., healthcare, transportation) may have additional requirements.
These breaks are only permitted when:
The nature of the work prevents the employee from being relieved of all duties.
You and the employee have a written agreement specifying on-duty meal periods.
The agreement explicitly states that the employee can revoke it at any time.
Examples of Potential Qualifying Positions:
Sole security guards.
Single-employee retail operations where no relief is available.
Key Distinction Between Meal Break Waivers and On-duty Meal Breaks:
Waiver: No meal break is taken at all.
On-duty meal break: A paid break where the employee remains on duty.
As an employer, you must:
Relieve employees of all duties during meal breaks.
Allow employees to spend their break time as they choose.
Provide suitable break facilities.
Avoid practices that discourage or impede employees from taking breaks.
Ensure employees are not performing work during their breaks.
Maintain accurate records of meal period start and end times.
If you fail to provide a compliant meal break, you must pay the employee one additional hour of pay for each workday a violation occurs, calculated at their regular rate of pay—not just their base hourly wage.
Following the California Supreme Court's 2021 decision in Ferra v. Loews Hollywood Hotel, the regular rate includes:
Base hourly wages.
Non-discretionary bonuses.
Commissions.
Shift differentials.
Piece-rate compensation.
You must maintain accurate time records showing when employees begin and end:
Each work period.
Meal periods.
Split shift intervals.
Total daily hours worked.
These records must be kept for at least three years and be available for inspection by the Labor Commissioner.
As mentioned in our article, How to Stay Compliant with California Wage and Hour Laws in 2025, compliance with meal breaks has its nuances. If an employee clocks out for a meal break but returns after 29 minutes instead of the required 30, the break is considered non-compliant under California law. As a result, you may still be required to pay the meal break premium, even though the break was taken.
Non-compliance with meal break laws can result in:
Premium pay of one hour at the regular rate per workday of violation.
Potential class action lawsuits.
PAGA claims (Private Attorneys General Act).
Labor Commissioner investigations.
Back wages for meal breaks worked but not paid.
Waiting time penalties for violations not remedied by termination.
Attorneys' fees and litigation costs.
Certain industries have exemptions or modifications:
Healthcare: Special rules apply under Wage Orders 4 and 5.
Transportation: Commercial drivers must comply with additional federal regulations.
Motion Picture: Specific provisions exist under Wage Order 12.
Unionized Workplaces: Collective bargaining agreements may have different provisions if they meet certain requirements.
To minimize liability:
Create written meal break policies for your employee handbook.
Clearly explain waiver and on-duty meal break procedures.
Outline how employees should report missed breaks.
Ensure managers understand meal break requirements and do not pressure employees to skip breaks.
Establish clear procedures for escalating break-related issues.
Use reliable timekeeping systems that track meal breaks.
Consider requiring employees to clock out/in for meal periods.
Regularly review time records for compliance.
Use written meal break waiver forms where applicable.
Keep on-duty meal break agreements updated.
Have employees sign statements each pay period confirming they were provided and took a full, uninterrupted 30-minute meal break within the first five hours of work.
Document when employees return from breaks early and reasons for non-compliant breaks.
Note when premium pay is provided for missed or late meal breaks.
Maintain all meal break documentation for at least four years (one year beyond the legal requirement).
Conduct periodic audits of your meal break practices.
Address compliance issues immediately.
Consider having legal counsel review your policies and practices.
Accurately calculate the regular rate for premium payments.
Pay premium pay in the same pay period as the violation.
Include premium payments on itemized wage statements.
Stay informed about these significant legal developments:
Donohue v. AMN Services, LLC (2021): Employers can't round meal break time punches, and time card records showing missed or short breaks are assumed to be violations unless the employer proves otherwise.
Naranjo v. Spectrum Security Services, Inc. (2022): Missed-break premium pay counts as wages, not penalties, and must be included in wage statements and final pay. Employers can claim a good-faith defense for wage statement errors, but non-compliance may still lead to penalties.
FMCSA Preemption of California's Meal and Rest Break Rules (2021): The Ninth Circuit Court upheld that interstate truck drivers, including those on short routes, are exempt from California's meal break laws. California officials have challenged this exemption with a petition filed in 2023, which remains under review. Stay tuned for any policy shifts.
PAGA Reform (2024): Recent amendments to California's Private Attorneys General Act provide opportunities for employers to reduce penalties (up to 70%) for meal break violations by taking proactive compliance steps and correcting violations within specified timeframes.
Ferra v. Loews Hollywood Hotel, LLC (2021): Clarifies that meal break premiums must be paid at the employee's "regular rate of pay" (including bonuses and other compensation), not just their base hourly rate.
By following this guide, you'll be better positioned to comply with California's meal break requirements and reduce legal exposure. Proactive compliance isn’t just about avoiding penalties—it protects your business, employees, and bottom line. Implement these best practices now to stay ahead of legal risks.
Be sure to check out our article on complying with California rest break requirements.
1 - What are California’s meal break requirements?
Employees must receive a 30-minute unpaid meal break if they work more than five hours and a second break if they work more than twelve hours. The first break must begin before the end of the fifth hour, and the second before the end of the tenth hour.
2 - Can employees waive their meal breaks?
Yes, but only under specific conditions. The first meal break can be waived if the total shift is six hours or less. The second can be waived only if the shift is no more than twelve hours and the first break was taken. Both waivers must be voluntary and documented.
3 - What happens if an employee works through a meal break?
If an employer fails to provide a compliant break, they must pay the employee an extra hour of wages for each violation. Even a short or late break can trigger this penalty.
4 - Are on-duty meal breaks allowed?
Yes, but only if the nature of the job prevents the employee from being relieved of duties, and both parties sign a written agreement allowing it. The employee must have the right to revoke the agreement at any time.
5 - How should employers track meal breaks?
Employers should use reliable timekeeping systems to log when employees start and end meal breaks. Keeping written waiver agreements and conducting regular audits can help ensure compliance.
6 - What are the penalties for meal break violations?
Employers must pay one additional hour of wages per violation. They may also face lawsuits, PAGA claims, back wages, waiting time penalties, and legal fees.
7 - Are any industries exempt from California’s meal break laws?
Certain industries, like healthcare, transportation, and film production, have specific exceptions or additional requirements under state wage orders. Unionized workplaces may also have different provisions under collective bargaining agreements.
1Anthony Zaller, “Five lessons for California employers from $6 million verdict against Walmart,” California Employment Law Report, May 17, 2019.