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Reuse Request

Can an employee take their lunch too early?

California law requires nonexempt employees to begin meal periods before the end of the fifth hour of work (no later than 4 hours and 59 minutes), but employers are not required to schedule breaks at the middle of a shift or at a specific time requested by the employee.

For an eight-hour shift, employees may take their meal break at any time before the end of the fifth hour, including during the first, second or third hour.

Read more about Meal Breaks in the HR Library.

Q&As

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Are meal break requirements determined by the total length of an employee’s shift, or by the number of hours actually worked?
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