The 30-Minute Meal Break

California Labor Code Section 512

California law requires employers to provide a 30-minute, off-duty, uninterrupted meal period to all non-exempt employees who work more than 5 hours in a workday.

Key Requirements

  • Timing: The first meal break must begin before the end of the 5th hour of work (by 4 hours and 59 minutes into the shift).
  • Duration: A full 30 minutes — no exceptions, no shortened breaks.
  • Second meal break: Required when an employee works more than 10 hours, and must start before the end of the 10th hour.
  • Unpaid: Standard meal breaks are unpaid time — the employee clocks out.
  • Off-duty: The employee must be relieved of ALL duties and free to leave the premises.

Waiver Options

Scenario Can the Break Be Waived? Requirements
Shift is 6 hours or less Yes — first meal break Mutual written consent; revocable at any time
Shift is 10–12 hours Yes — second meal break only Written consent; first break must NOT be waived
Shift exceeds 12 hours No Both meal breaks are mandatory
Important: The employer’s obligation is to provide the break, not to ensure it is taken. But pressuring, discouraging, or creating incentives to skip breaks is a violation.

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