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.