San Diego Meal and Rest Breaks Employment Law

Whether you are entitled to meal and rest breaks depends on whether you are an “exempt” or “nonexempt” employee. Only nonexempt employees are entitled to meal and rest breaks. Typically, if you are paid an hourly wage or have no managerial responsibilities, you are a non-exempt employee and therefore entitled to meal and rest breaks. 

An employee is entitled to an unpaid off-duty meal break of at least 30 uninterrupted minutes when that employee works more than 5 hours in a day. An employee is typically entitled to a second meal break when that employee works more than 10 hours in a day.

Employees are entitled to a paid 10-minute rest break for every 4 hours worked. When possible, rest breaks should be in the middle of the 4-hour work period.   

If an employer fails to provide breaks, or forces or discourages an employee to skip a meal or rest break, that employer must pay the employee 1 additional hour of pay at the employee’s regular rate of pay for each day a meal or rest break was not provided.