California break, overtime and sick leave rules

Meal and rest breaks, overtime and paid sick leave in California, in plain words. Last reviewed October 31, 2026. Not legal advice.

The rules in California#

Meal breaks: A 30‑minute meal period is due when work exceeds 5 hours in a day (waivable by mutual consent if the day is 6 hours or less), and a second 30‑minute period when work exceeds 10 hours (waivable if 12 hours or less and the first was not waived). Unpaid if the employee is relieved of all duty; an on‑duty meal period counts as time worked. A missed meal period costs one additional hour of pay at the regular rate for each workday it is not provided.
Rest breaks: A paid 10‑minute rest period for each 4 hours worked or major fraction (more than half of it), not required when the daily total is under 3.5 hours. A missed rest period costs one additional hour of pay at the regular rate for each workday it is not provided.
Overtime: 1.5 times the regular rate after 8 hours in a workday, after 40 hours in a workweek, and for the first 8 hours on the seventh consecutive workday. Double time after 12 hours in a day and after 8 hours on the seventh day. Alternative workweek schedules are an exception.
Paid sick leave: Employees accrue at least 1 hour per 30 hours worked. Employers may limit use to 40 hours or 5 days per year (whichever is more) and may cap total accrual at 80 hours or 10 days.

Oh! Thyme has a California rule set, turned on for your company at setup. On every shift it checks:

Overtime after 40 hours in a workweek, and after 8 hours in a day
Double time after 12 hours in a day
The seventh consecutive day of the workweek
A 30‑minute meal break that starts by the end of hour 5
A second 30‑minute meal break that starts by the end of hour 10
A paid 10‑minute rest break for every 4 hours worked, or more than half of that
1 hour of premium pay for a missed or late meal break, counted for payroll
1 hour of premium pay for a missed rest break
Sick leave balances build from approved hours at the rate set for each person, such as 1 hour per 30 worked, stop at their cap, and come down when time off is approved.

A day that breaks a rule is flagged for the approver before the hours go to payroll.