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Under California meal break law (which is much more generous to employees than federal labor law), if you are a non-exempt worker, you are entitled to a 30-minute uninterrupted, duty-free meal break if you work more than 5 hours in a workday.
In general, when an employee works for a work period of more than five hours, a meal period must be provided no later than the end of the employee’s fifth hour of work (in other words, no later than the start of the employee’s sixth hour of work).
California wage and hour law requires employers to provide lunch or meal breaks to employees who work a minimum number of hours. Under Labor Code 512, non-exempt employees who work more than 5 hours per day must receive a minimum meal break of 30 minutes.
Meal Break Waiver - Employee Shift 6 Hours or Less » Use this form when a nonexempt worker will work a shift of six hours or less and both you and the worker wish to waive the required 30-minute meal break.
Breaks. Most California workers must receive the following breaks: An uninterrupted 30-minute unpaid meal break when working more than five hours in a day. An additional 30-minute unpaid meal break when working more than 12 hours in a day. A paid 10-minute rest period for every four hours worked.
Under California law (IWC Orders and Labor Code Section 512), employees must be provided with no less than a thirty-minute meal period when the work period is more than five hours (more than six hours for employees in the motion picture industry covered by IWC Order 12-2001).
Employees can waive their meal break if their shift is less than 6 hours long. If the shift is 6 hours or longer, however, their employer is required to provide a meal break. The meal break is not mandatory, though. The employee can voluntarily continue to work through their break. 6
