Is a Meal Break Required in California?

The Standard Rule

In California, the requirement for a meal break is one of the strictest in the United States. Under Labor Code Section 512, an employer must provide an unpaid, off-duty meal period of at least 30 minutes for any shift lasting more than five hours.

The break must start before the end of the 5th hour. If the employee works more than 10 hours, a second 30-minute meal period must be provided.

The Definition of "Provided"

According to the landmark *Brinker* ruling, "providing" a break means the employer must:

• Relieve the employee of all duty.
• Relinquish control over the employee's activities.
• Permit a reasonable opportunity to take an uninterrupted 30-minute break.
• Not impede or discourage the employee from taking the break.

Can the Meal Break be Waived?

Waivers are allowed only in two specific mechanical scenarios:

• Shifts under 6 hours: The first meal period can be waived by mutual consent of the employer and employee.
• Shifts between 10 and 12 hours: The second meal period can be waived only if the first meal period was actually taken.