- Employers must offer an employee a lunch or dinner break that lasts at least 30 minutes for every five hours of work a day. For 10 hours worked, an employee will receive two meal periods. An employee cannot forgo a lunch period to go home 30 minutes early. Persons working in the motion picture industry must receive a 30-minute meal break after six hours worked, according to the California DIR.
- Businesses must provide workers with a suitable place for eating and adequate facilities, such as sinks, bathrooms and hand-washing equipment. Employers can require workers to eat on premises, but must pay employees if they require an on-premises lunch break. With on-site jobs in construction, mining or logging, employers do not have to provide facilities, but must offer their workers potable water, soap and hand towels.
- Employers must usually relieve their employees of all work during a lunch break. Businesses must allow a worker to be off duty during their lunch period. If the employer keeps an employee on-call during a meal period, he must pay the worker at his regular pay rate. An employer and an employee may agree to an on-duty meal period if the employee is the only worker, such as in the case of a lone security guard or a worker at an all night kiosk. A California employer must always pay his employee for an on-duty meal break.
- An employer who does not provide his workers with a lunch break required by state law will have to pay his employee an additional hour of pay at the employee's regular wage rate, according to section 11040 of the California Labor Code. This extra hour of pay counts towards overtime calculations. Workers can also file a claim with the Division of Labor Standards Enforcement within three years of the original violation. Employers who repeatedly violate the rights of employees to take a lunch break may receive sanctions or fines from the DIR.