Workplace Breaks Explained

May 20, 2026

If you are an employee in California, it can be difficult to know what the law says about when and how often you can take breaks from work. Some employers may give you exact guidelines, but others may not. No matter how much information you are given from your boss, it can be a good idea to double check the law and be sure you are getting what you deserve. We at The Kaufman Law Firm work hard to not only fight for employee rights in court, but also educate you on what the law says.

According to the United States Department of Labor, all workers should be given a 30-minute break after five hours of work. If you will be working for more than 10 hours in one day, you should also get a second break period.

There are several exceptions to this rule. First, if you are only going to be working for six hours, you do not need to be given a meal break. If you are working for less than twelve hours and does not want to take a second meal break, a written agreement can be made between you and your employer.

There are certain industries that are also exempt under this law. If you are employed in the broadcasting or motion picture industries, the rules may not apply. Some employees working in the wholesale baking industry are also exempt. For more information about what work breaks you should be given and whether or not the law applies to you, please visit our web page.

TAKE THE FIRST STEP

Have You Been Wrongfully Terminated?

If you have been the victim of wrongful termination, wrongful demotion, or any kind of discriminatory business practice, contact a California employment law attorney who can help. Attorney Matthew A. Kaufman and the team at The Kaufman Law Firm bring the experience and resources to help clients recover the money they deserve.

Consultation:

Free / Confidential

Free Case Evaluation