California Meal & Rest Break Policy Template
2026 Edition — Updated for AB 2288 and current Labor Code requirements
A ready-to-use meal and rest break policy template for California employers, with every requirement explained. Customize for your business and reduce PAGA exposure.
Why This Template Matters
Meal and rest break violations are the #1 source of PAGA claims in California. A single missed meal period triggers a $25–$100 per-employee penalty — and class actions can reach millions. This template gives you a legally-sound baseline policy you can customize in minutes.
What California Law Requires
- 30-minute unpaid meal period for shifts over 5 hours (may be waived if shift ≤ 6 hours with mutual written agreement)
- Second 30-minute meal period for shifts over 10 hours (waivable only if first meal was not waived and shift ≤ 12 hours)
- 10-minute paid rest period for every 4 hours worked (or major fraction thereof)
- Employees must be fully relieved of duty during meal periods — managers cannot interrupt
- One hour of premium pay owed for each missed, late, or short meal or rest break
- Timekeeping must accurately capture meal period start/end times
- Meal break waivers must be voluntary and in writing — never coerced
2026 PAGA Reform Impact on Meal Break Claims
Under AB 2288, employers who have a written meal break policy and can demonstrate reasonable steps to comply may qualify for the 15% penalty cap instead of 100% penalties. Having this policy in your handbook is one of those qualifying steps.
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POLICY TEMPLATE — Customize and Add to Your Employee Handbook
[COMPANY NAME] MEAL AND REST BREAK POLICY
Effective Date: [DATE] | Last Revised: [DATE]
1. MEAL PERIODS
Non-exempt employees who work more than five (5) hours per day are entitled to an unpaid, off-duty meal period of at least thirty (30) minutes. The meal period must begin no later than the end of the fifth hour of work.
Employees who work more than ten (10) hours per day are entitled to a second unpaid, off-duty meal period of at least thirty (30) minutes. The second meal period must begin no later than the end of the tenth hour of work.
During meal periods, employees are completely relieved of all duties. Employees may not be interrupted during their meal period for work purposes.
2. MEAL PERIOD WAIVERS
If the total work period per day is no more than six (6) hours, the meal period may be waived by mutual consent of both the employer and employee. If the total work period per day is no more than twelve (12) hours, the second meal period may be waived by mutual consent, provided the first meal period was not waived.
All meal period waivers must be documented in writing and are voluntary. Employees will never be pressured to waive their meal period.
3. REST PERIODS
Non-exempt employees are entitled to a paid ten (10) minute rest period for every four (4) hours worked, or major fraction thereof. Rest periods should, insofar as practicable, be in the middle of each work period.
Employees who work less than three and one-half (3.5) hours are not entitled to a rest period. Rest periods may not be combined with meal periods or used to extend lunch breaks.
4. PREMIUM PAY FOR MISSED BREAKS
If [COMPANY NAME] fails to provide a compliant meal or rest period, the employee is entitled to one (1) additional hour of pay at their regular rate of compensation for each workday that the meal period was not provided, and one (1) additional hour of pay for each workday that a rest period was not provided.
5. TIMEKEEPING
Employees must accurately record actual meal period start and end times. Falsification of timekeeping records is subject to discipline up to and including termination.
6. REPORTING VIOLATIONS
Employees who are denied a meal or rest break, or who feel pressured to skip or shorten a break, should report this immediately to [HR CONTACT / SUPERVISOR / HOTLINE]. Retaliation against employees for reporting break violations is strictly prohibited.
7. INDUSTRY-SPECIFIC EXCEPTIONS
[Note: On-duty meal period agreements may be permitted in limited circumstances under IWC Order [#] for [INDUSTRY]. Contact your HR advisor before using on-duty agreements.]
*This policy is intended to comply with California Labor Code Sections 226.7, 512, and applicable IWC Wage Orders. Consult legal counsel before implementing.*
Meal Break Compliance Checklist
- Written meal break policy in employee handbook — signed by all employees
- Time clock or digital timekeeping captures actual meal period start/end times
- Manager training: how to ensure breaks are truly off-duty
- Second meal period tracking for shifts over 10 hours
- Voluntary meal break waiver forms on file (if applicable)
- Premium pay process: what happens when a break is missed
- Regular audit: timekeeping records for missing or short meal periods
- On-duty meal period agreement only used where legally permitted for your IWC Wage Order
- No manager may schedule meetings, calls, or tasks during employee meal periods
- Compliant policy posted at worksite (California posting requirements)
Quick Reference: Penalties If You Get It Wrong
| Violation | Penalty (per employee per day) |
|---|---|
| Missed or late meal period | $25–$100 premium pay + PAGA penalties |
| Missed rest period | $25–$100 premium pay + PAGA penalties |
| Pattern of violations (class action) | Can reach millions — based on number of employees × days × multiplier |
| Post-AB 2288 with written policy + cure | 15% of PAGA penalties if reasonable steps taken |