Every nonexempt employee who has worked over five hours in a day is obligated to receive a meal break. An employee is entitled to a 30 minute meal period whenever he or she works a shift of more than five hours.Employers must authorize and permit uninterrupted rest breaks for all nonexempt employees whose total daily work time is at least 3.5 hours. Labor Commissioner's Office, Wages, breaks, retaliation and labor laws, 833-526-4636. An employer cannot employ someone for a work period of more than five hours without providing an unpaid, off-duty meal period of at least 30 minutes. Under wage and hour law, non-exempt employees need to get a 30-minute lunch or meal break if they work beyond five hours in one day. Under wage and hour law, non-exempt employees need to get a 30-minute lunch or meal break if they work beyond five hours in one day. California employers must provide employees with a paid rest break for every 4 hours of work, as well as an unpaid meal break every 5 hours. Under state labor laws, most California employees are entitled to meal and rest breaks. Employees who wish to opt out must complete and sign a waiver form.