You must give nonexempt employees an opportunity to take a 10-minute paid rest break for every four hours worked, or major fraction thereof. You may not employ an employee for a work period of more than five hours per day without providing him/her with a 30-minute unpaid meal break.
If one or more rest breaks are not given, you owe the employee one hour of pay. You also owe the employee one hour of pay if the employee is unable to take a meal break. The additional pay for a missed meal or rest break must be included in the employee’s next paycheck.
In 2012, the California Supreme Court decided an important meal and rest break case, Brinker Restaurant Corp. v. Superior Court. This section has been revised to reflect guidance provided by this decision.
Some less commonly used Wage Orders contain different timing requirements for meal and rest periods. For additional information on meal periods, review the Wage Order that covers your employees. For more information, see Exceptions for Specific Industries.