Meal & rest breaks

Covered employees generally receive a 30-minute meal period on shifts over 5 hours and paid 10-minute rest periods for each 4 hours or major fraction.

California construction · Lab. Code §§ 226.7, 512 · Wage Order 16, §§ 10–11

The general meal rule requires at least 30 minutes when the work period exceeds five hours, and a second meal when work exceeds ten hours. The first meal may be waived by mutual consent when the entire day is no more than six hours. The second may be waived by mutual consent when the day is no more than 12 hours and the first meal was not waived.

A meal normally requires relief from all duty. Wage Order 16 permits a paid on-duty meal only under its specified conditions, including a nature-of-the-work necessity and written agreement. Qualifying construction collective agreements have a separate statutory meal-period exception under § 512(e) and (f)(1).

Wage Order 16 generally requires ten minutes of paid rest per four hours worked or major fraction; no rest is required when the entire day is under three and one-half hours. Section 11 contains limited continuous-operations and CBA provisions. Labor Code § 226.7 addresses work during required breaks and the additional pay owed when a required break is not provided.

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