California law requires that nonexempt employees not work more than five hours without an uninterrupted, duty-free meal period of at least 30 minutes. Certain exceptions may apply, including where the employee works no more than six hours and voluntarily gives up the right to take a break. Employees who work more than 10 hours in a day are entitled to take a second meal break.
Under California law, when an employer fails to provide a proper meal break to a nonexempt employee, the premium (penalty) owed is one hour of extra pay for each work day that this occurs.