California Meal Break Law Requirements: 

If you work more than 5 hours in a day, you’re entitled to a meal break of at least 30 minutes. This break has to start before the end of your fifth hour on the clock. However, if your total shift is 6 hours or less, you and your employer can agree to waive this meal break.

You can also agree to an on-duty meal break, but that one is different—it’s paid and counts as time worked.

Now, if you work over 10 hours in a day, you’re entitled to a second 30-minute meal break. This second break has to start before the end of your tenth hour. But again, you can waive it if:

– You’re not working more than 12 hours total, and

– You didn’t waive your first meal break.

Meal breaks are off the clock, and you must be allowed to leave the work premises and use the time however you like. You can’t be required to work during any required meal break.

[Cal. Lab. Code § 512]

California Rest Break Rules

If you work in California, your boss has to give you a paid rest break of at least 10 uninterrupted minutes.

Here’s how it works:

– If you work at least 3.5 hours, you get one rest break.

– If you work over 6 hours, you get two.

– If you work over 10 hours, you’re entitled to three.

These breaks should be scheduled in the middle of each work period, as much as possible. So if you’re working a typical 8-hour shift, you should get one rest break before and one after your meal break.

Rest breaks are on the clock and you can’t be required to stay on the work premises during them. Also, you can’t be forced to work during a rest break.

[Cal. Lab. Code § 226.7]

That said, you can skip your rest break if you want—as long as your employer isn’t pressuring or forcing you to do it.