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Hours California Labor Code § 512 / IWC Wage Order 15 active

Meal and Rest Break Rules for IHSS Providers

Plain English Summary

If you work more than 5 hours, you're entitled to a 30-minute unpaid meal break. If you work more than 10 hours, you get a second meal break. You're also entitled to a 10-minute paid rest break for every 4 hours worked. However, live-in providers have special rules.

Impact on IHSS Home Care Workers

Non-live-in IHSS providers are entitled to meal and rest breaks like most California workers. Live-in providers have limited protections due to the residential nature of the work. If you're denied breaks and are non-live-in, you're owed 1 hour of premium pay per missed break.

Non-Live-In Providers

Meal Breaks

  • Work more than 5 hours → entitled to 30-minute unpaid meal break
  • Work more than 10 hours → entitled to second 30-minute meal break
  • Break must be uninterrupted; you must be fully relieved of duties

Rest Breaks

  • Every 4 hours worked → entitled to 10-minute paid rest break
  • Rest breaks cannot be combined with meal breaks
  • These breaks are counted as paid work time

Missed Break Premium

If your employer fails to provide a required break, you’re owed 1 additional hour of pay (at your regular rate) for each missed break, per day.

Live-In Providers

Live-in providers are governed by different rules under IWC Wage Order 15. Due to the residential nature of live-in work:

  • Meal breaks: Must be provided but may be more flexible depending on the recipient’s needs
  • Sleep time: Up to 8 hours of bona fide sleep time may be excluded from paid hours if there’s a written agreement and adequate sleeping facilities

If you’re a live-in provider with questions about your specific rights, contact Legal Aid at Work: 1-800-880-8047.

Filing a Claim

If you’re owed missed break premiums, file with the Labor Commissioner: 1-844-522-6734. Statute of limitations: 3 years.

Effective: December 31, 2000

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