California employees who work more than five hours in a day are entitled to a meal break of at least 30 minutes; and a second meal period of at least 30 minutes if they work more than 10 hours in a day.  There are a few exceptions to this rule which mainly apply to workplace where such a break would be impossible or impracticable. (Examples include a gas station attendant who holds a shift alone, an employee at 7/11, etc.). Also, exceptions are provided for workers in the wholesale baking industry and motion picture and television industries. 

The meal time itself does not count as part of the hours worked if the employee may leave the premises and is relieved of all duty during that period. Thus, if an employee has to stay at his workplace, he has to be compensated, regardless of the fact that he is allowed or encouraged to have lunch at his workplace. 

An employer who fails to provide meal or rest periods must pay the employee one additional hour of pay at the employee’s regular rate of pay for each work day tha the meal or rest period was not provided.

The right to lunch breaks at work generally cannot be waived unless one of the exceptions, as mentioned above applies, and this right applies to workers covered by collective bargaining agreements. It is treated as a non-negotiable right, and federal law “does not permit parties to waive, in a collective bargaining agreement, non-negotiable state rights.” 

 


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