Rest and meal breaks
First 30-minute off-duty meal period before the fifth hour ends
An employer shall not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes. Unless the employee is relieved of all duty during the 30 minute meal period, it is an 'on duty' meal period and counted as time worked; an on-duty meal period is permitted only where the nature of the work prevents relief from all duty and a revocable written agreement is in place. The meal period may be waived by mutual consent of employer and employee only when a work period of not more than six hours will complete the day's work.
Who this covers
All non-exempt employees under an IWC wage order, including retail (Order 7-2001) and restaurants (Order 5-2001). Does not apply to employees exempt in an administrative, executive orโฆRead the full scope
All non-exempt employees under an IWC wage order, including retail (Order 7-2001) and restaurants (Order 5-2001). Does not apply to employees exempt in an administrative, executive or professional capacity. Statutory carve-outs in Labor Code 512(c)-(g) displace the standard rules where a qualifying collective bargaining agreement is in place, for wholesale baking, motion picture and broadcasting, construction, commercial drivers, security officers, electrical corporations, gas corporations, local publicly owned electric utilities and (added by SB 693, Stats. 2025, Ch. 95, effective 1 January 2026) water corporations. Labor Code 512(b)(2) lets a commercial driver transporting feed to a remote rural customer start the meal after six hours if paid at least 1.5x the state minimum wage. Wage Order 5-2001 adds two further public-housekeeping carve-outs the mercantile order does not have: section 11(E) permits on-duty meal periods without penalty for staff in 24-hour residential care for children and for elderly, blind or developmentally disabled residents under stated conditions, and section 11(F) gives an employee other than one on the night shift the right to an off-duty meal period on 30 days' notice.
How to encode this in a schedule
Hard constraint: every assignment block longer than 5:00 of work must contain a 30-minute unbroken non-working interval that BEGINS at or before 5:00 of elapsed worked time from clock-in. Model it as a deadline from shift start, not as a midpoint of the shift. Blocks of 5:00 to 6:00 may omit it only where a signed mutual waiver is on file.
- Break minutes
- 30
- After hours
- 5
- Must start before elapsed hours
- 5
- Waiver allowed if total shift hours at most
- 6
- Paid
- no
The mistake employers make
Schedulers place the meal in the middle of the shift. The DLSE states that 'a meal period must be provided no later than the end of the employee's fifth hour of work' (https://www.dir.ca.gov/dlse/faq_mealperiods.htm). On a ten-hour shift a lunch at hour six is already late. The waiver also only reaches shifts of six hours or less, so it cannot rescue a seven-hour shift with no break scheduled.
Why this figure does not travel
breakMinutes 30 / afterHours 5 is a DEADLINE measured from clock-in (mustStartBeforeElapsedHours), not a trigger that a break becomes due. Japan's 45-after-6 and the UK's 20-after-6 are triggers with no placement deadline in the statute (the UK's mid-shift placement comes from GOV.UK guidance). Same key shape, different obligation.
Citation: California Labor Code section 512(a); IWC Wage Order 7-2001 section 11(A) and 11(C) (8 CCR section 11070(11)); IWC Wage Order 5-2001 section 11(A) (8 CCR section 11050(11)(A))
California Legislative Information (leginfo.legislature.ca.gov), official text of the Labor Codelast read 6 August 2026
