What is an On-Duty Meal Break in California?

California requires nonexempt employees receive a 30-minute unpaid, duty-free, meal break by the end of the 5th hour of work.

However, the Labor Code permits an employee to take an on-duty meal break, but only when the nature of the work prevents relief from duty and there’s a written agreement between employer and employee. This agreement must state the employee can revoke it at any time. The meal period must be at least 30 minutes and is considered paid time.

If an employee revokes their on-duty meal break agreement, they may not be given an on-duty meal break until a new agreement is signed by both the employer and employee.