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California · updated 2026-10

California Overtime & Break Laws

Time and a half after 40 hours in a workweek and after 8 hours a day; double time after 12 hours a day.

Overtime

8h / day · 40h / week

Time and a half after 40 hours in a workweek and after 8 hours a day; double time after 12 hours a day.

Labor Code 510: 1.5x for hours over 8 and up to 12 in a workday and over 40 in a week; 2x over 12 in a workday. On the 7th consecutive workday of a workweek, the first 8 hours are 1.5x and hours past 8 are 2x. Alternative workweek schedules can change the daily thresholds.

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Meal break

30 min

Yes: 30 minutes for shifts over 5 hours, usually unpaid. Labor Code 512: first meal by the end of the 5th hour (can be waived by mutual consent if the workday is no more than 6 hours). Second 30-minute meal if the employee works more than 10 hours (waivable if no more than 12 hours and the first meal was not waived). A missed meal costs 1 hour of premium pay.

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Rest breaks

10 min paid

Yes: a paid 10-minute rest break per 4 hours worked. IWC orders: a net 10 minutes paid for every 4 hours worked or major fraction thereof. Not required if total daily work is under 3.5 hours. A missed rest break costs 1 hour of premium pay.

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Minimum wage

$16.90

$16.90 an hour (since 2026-01-01). Applies to all employers; there is no tip credit. Fast-food ($20.00) and health-care workers have higher industry rates. Many cities and counties set higher local rates (e.g., Los Angeles, San Francisco, San Jose, Oakland).

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California time card

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California pay and break questions

When does overtime start in California?

Time and a half after 40 hours in a workweek and after 8 hours a day; double time after 12 hours a day. Labor Code 510: 1.5x for hours over 8 and up to 12 in a workday and over 40 in a week; 2x over 12 in a workday. On the 7th consecutive workday of a workweek, the first 8 hours are 1.5x and hours past 8 are 2x. Alternative workweek schedules can change the daily thresholds.

Are lunch breaks required in California?

Yes: 30 minutes for shifts over 5 hours, usually unpaid. Labor Code 512: first meal by the end of the 5th hour (can be waived by mutual consent if the workday is no more than 6 hours). Second 30-minute meal if the employee works more than 10 hours (waivable if no more than 12 hours and the first meal was not waived). A missed meal costs 1 hour of premium pay.

Are rest breaks required in California?

Yes: a paid 10-minute rest break per 4 hours worked. IWC orders: a net 10 minutes paid for every 4 hours worked or major fraction thereof. Not required if total daily work is under 3.5 hours. A missed rest break costs 1 hour of premium pay.

What is the minimum wage in California?

$16.90 an hour (since 2026-01-01). Applies to all employers; there is no tip credit. Fast-food ($20.00) and health-care workers have higher industry rates. Many cities and counties set higher local rates (e.g., Los Angeles, San Francisco, San Jose, Oakland).

Questions or a complaint? Contact the California Department of Industrial Relations, Labor Commissioner's Office (DLSE).