Do You Get a Paid Lunch Break in California?

California law doesn't require paid meal breaks, but rest breaks must be paid.

By , J.D. UC Berkeley School of Law
Updated 12/06/2024

If you're working in California and want to understand whether your lunch break should be paid or unpaid, read on.

Meal Break Rules in California

Your California employer does not have to pay you for a meal break. Although California requires employers to provide a meal break (half an hour, if the employee works at least six hours), the break can be unpaid.

The law also allows the employer and employee to agree to waive the meal period if the employee is working six hours or less.

When Meal Breaks Must Be Paid

Employers must pay for meal breaks if the nature of the job requires the employee to remain on duty, and employer and employee agree to the arrangement in writing. For example, if an employee needs to remain at the front desk to let delivery people into the building during lunch, the employee must be paid for that time. If an employer requires employees to remain on-site during lunch, that time also must be paid.

Other Breaks

Rest Breaks

California employers must give employees a paid ten-minute rest break for every four hours worked.

Lactation Breaks

California employers generally must provide nursing mothers with a reasonable amount of unpaid time to express breast milk. The employer must designate a lactation room or private location (other than a bathroom) with access to a sink and cooling device suitable for storing milk.

Further Reading
Tips, Tip Pooling, and Tip Credits: What Service Employees Need to Know
Overtime Pay: Your Rights as an Employee
Are You Entitled to Travel Time Pay?
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