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, all employers must give their employees a 30-minute meal break after the employee has worked at least 5 hours.You 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. Your employer has a duty to authorize and permit you to take timely 10 minute offduty rest breaks. Labor Commissioner's Office, Wages, breaks, retaliation and labor laws, 833-526-4636. According to California law, employers may not require an employee to work or to be on call during a meal or rest break. Under Labor Code 512, non-exempt employees who work more than 5 hours per day must receive a minimum meal break of 30 minutes. He or she is required to do so. Oakland Labor and Employment Law Firm Represents Business Owners. By law, every worker is entitled to a 30-minute meal break during a shift of five hours or more.