Newsletter – Meal Period

A meal period is an uninterrupted, off-duty break in which an employee is able to use that time as they please, including by leaving their worksite if they so choose.

Generally, California non-exempt employees who work more than five (5) hours per day are entitled to meal breaks.

Meal periods must be a minimum of thirty (30) consecutive minutes.

Yes, qualifying non-exempt employees who work more than ten (10) consecutive hours in a single shift are eligible to receive a second thirty (30) minute meal period.

Qualifying non-exempt employees who work shifts of more than five (5) hours must be provided with a meal period before the end of the fifth hour of the work shift. Similarly, qualifying non-exempt employees who work more than ten (10) hours are to be provided a second meal period before the end of the tenth (10) hour of work.

No, both employees and employers must mutually consent to waive a meal period

Yes, meal periods may be waived under the following conditions;

• When the employee’s work shift is six (6) hours or less, he or she may waive the first meal period; and
• When employee is working more than ten (10) hours but less than twelve (12) hours and did not voluntarily waive the first meal period, he or she may waive the second meal period. Employees who work more than twelve (12) hours are not able to waive their second lunch.

Employers who do not to provide meal periods as mandated by California law must pay their employee meal period premiums (one hour of work at the employee’s regular rate of pay) for every business day a meal period was not provided.

Since premium payments are imposed per business day rather than hours worked, employees are entitled to only one premium payment, regardless if the employer failed to provide two meal periods on one work day.