As a general rule, and insofar as practicable, the rest break must be in the middle of each four-hour work period. If you work over 5 hours in a day, you are entitled to a meal break of at least 30 minutes that must start before the end of the fifth hour of your shift.Under California law, non-exempt employees are entitled to one unpaid 30-minute meal break, and two paid 10-minute rest breaks, during a typical 8-hour shift. In California your first meal period should be the 5th hour. Say you work from 12pm-pm, with a unpaid 30 minute lunch. The rest period is based on the total hours worked daily and must be at the minimum rate of a net ten consecutive minutes for each four hour work period. Employers must "authorize and permit" almost all non-exempt employees to take a ten (10) minute rest break if they work at least 3.5 hours in a day. California requires employers to provide their staff with a meal break and several rest breaks, depending on shift length. The law in California states that someone can work up to 6 hours with no lunch break. Employers must "authorize and permit" almost all non-exempt employees to take a ten (10) minute rest break if they work at least 3.5 hours in a day.