California employers must generally provide a timely 30-minute unpaid meal period for a shift exceeding five hours. A meal period is considered timely if it starts on or before the end of the employee’s fifth hour of work. DLSE Meal Periods FAQs.

As a precaution, employees should clock out no later than 4 hours and 59 minutes into their shifts. For example, if an employee begins work at 8:00 a.m. and works an eight-hour shift, the employee’s meal break should start on or before 12:59 p.m.:

8:00 – 9:00 am (First Hour)
9:00 – 10:00 am (Second Hour)
10:00 – 11:00 am (Third Hour)
11:00 – 12:00 pm (Fourth Hour)
12:00 – 1:00 pm (Fifth Hour)

When an employee works more than 10 hours, a second 30-minute meal period must be provided starting on or before the end of the employee’s tenth hour of work. For example, if an employee begins work at 8:00 a.m., then as a precaution the second meal period should start on or before 5:59 p.m.  If, however, the employee took the first 30-minute unpaid meal period, then the second meal period should start until on or before 6:29 p.m. See Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004.

Generally, with mutual consent, which should always be in writing, employees who work more than five but no more than six hours may waive their meal period, and employees who work more than 10 but no more than 12 hours may waive the second meal period — only if the first meal period was not waived.

If the employer fails to provide the required meal period(s) on time, the employee must be paid one additional hour of pay at the employee’s regular rate of compensation (meal period premium pay) for each workday that the meal period(s) is not provided.  DLSE Meal Period FAQ No. 4; Labor Code 226.7.

Take-Aways:

Seemingly small technical errors repeated company-wide can add up to exorbitant potential class action and/or PAGA liability. Require employees to take meal breaks earlier in the shift rather than down to the wire. Ideally, create a schedule so each employee knows when they’re supposed to start their meal break(s). Implement and regularly review a comprehensive, clearly written handbook with an updated California-compliant work schedules and breaks policy.  Have a competent attorney conduct a confidential wage audit by reviewing a sampling of your employees’ timecards and paystubs to ensure proper meal break compliance.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• $5.5M To Settle Wage Theft Claim – Elderly Care Provider Fought Underpayment Citations for Five Years (January 5, 2024)
• PAGA Monster Grows More Legs – Best Protection Against Potentially Devastating Group Labor Claim is …Prevention (February 2, 2024)
• Please: Document Workplace Meal Breaks – Require Employees to Clock Out and Back In on Their Meals (June 4, 2021)

Cindy Bamforth
April 4, 2025