Generally, California non-exempt employees who work over five hours in a standard workday must be given at least a 30 minute meal break. This meal break may be waived by the employee if they will not work over six hours in the work day.
Employees who work more than 10 hours in a day are required to receive another 30 minute meal break. This break can be waived by the employee if they didn’t waive the first meal break and will work no more than 12 hours in the standard work day.
For non-exempt employees, California state law mandates for employers to provide a minimum 10 minute rest period for each four hours, or fraction thereof, that the employee works. Employees who work shifts less than three-and-a-half hours long are not entitled to a rest break.
During rest periods, the employer cannot mandate for the employee to perform work duties or be “on call.”