If you’re a driver in California, you’re likely entitled to the same rest and meal break protections as other workers—despite what some employers might tell you.
Drivers working for delivery services, taxi companies, and other transportation businesses may not realize they have the same right to duty-free breaks as most employees in other industries. While transportation work has unique demands, California law still provides that many transportation workers are covered by the state’s meal and rest period requirements.
What Transportation Workers Are Covered?
Under California’s wage and hour laws, transportation industry workers include a broad range of employees, for example the following drivers may be covered by the same wage order:
- Truck drivers and delivery personnel
- Taxi and rideshare drivers (when classified as employees)
- Bus drivers
- Moving company workers
- Warehouse and storage facility employees
- Vehicle maintenance and repair workers
- Parking lot attendants
- Courier and parcel delivery workers
However, a key consideration is whether you’re classified as an employee rather than an independent contractor—a distinction that affects your break entitlements and other workplace rights.
Your Right to Meal Breaks
Transportation workers covered by California’s wage orders are generally entitled to:
30-Minute Meal Breaks: If you work more than 5 hours in a workday, you must receive an uninterrupted 30-minute meal period. For shifts of 6 hours or less, this break can be waived only by mutual agreement between you and your employer.
Second Meal Break: For workdays exceeding 10 hours, you’re entitled to a second 30-minute meal period. This can only be waived if your total workday is 12 hours or less AND you didn’t waive your first meal break.
Duty-Free Time: During these meal breaks, you must be completely relieved of all work duties. You should be free to leave your workstation or vehicle and use the time as you choose.
Rest Period Rights
Transportation employees are also typically entitled to:
10-Minute Rest Breaks: You should receive a 10-minute rest period for every 4 hours worked (or major fraction thereof). These breaks should be scheduled as close to the middle of each work period as practical.
Paid Time: Unlike meal breaks, rest periods must be paid time and count as hours worked.
No Waiver: Rest breaks generally cannot be waived, even by mutual agreement.
When Employers Fail to Provide Breaks
If your transportation employer fails to provide required meal or rest breaks, they owe you additional compensation:
- One hour of pay at your regular rate for each workday a meal period wasn’t provided
- One hour of pay at your regular rate for each workday rest periods weren’t provided
This is separate from and in addition to your regular wages for time worked.
Common Employer Excuses (And Why They’re Usually Wrong)
Many transportation employers incorrectly tell their drivers:
- “DOT regulations override state break laws” (Federal hours-of-service rules provide separate requirements and generally do not eliminate employee’s rights in California)
- “You can eat while driving” (On-duty meal periods are typically only allowed in limited circumstances and with a written agreement between the employer and employee)
- “Breaks aren’t practical in transportation work” (Operational challenges generally don’t eliminate legal requirements)
Special Considerations for Transportation Workers
While certain workers may have modified break requirements due to the nature of transportation work, most drivers and transportation employees are entitled to the same basic protections. The law recognizes that even in industries with unique operational demands, workers need time to rest, eat, and attend to personal needs.
What Should You Do?
If you’re a transportation worker and believe your employer is denying you proper meal and rest breaks, you may consider doing the following:
- Document everything: Keep records of your work hours, driving times, break times (or lack thereof), and any communications with your employer about breaks.
- Know your classification: Understand whether you’re classified as an employee or independent contractor. If your classified as an independent contractor, you may want to investigate with an attorney if you are being misclassified and should actually be considered an employee.
- Understand your rights: Don’t let employers convince you that transportation work means no break rights.
- Seek legal advice: If you suspect violations, consider consulting with an employment attorney who understands California wage and hour law.
Transportation work is demanding, and California law recognizes that workers in this industry—like others—deserve basic protections including time to rest and eat during their shifts. Don’t let operational challenges become an excuse for employers to deny you these fundamental workplace rights.
Note: This discussion focuses on rights under California’s Industrial Welfare Commission orders. Additional federal regulations may apply to certain transportation workers, and specific circumstances can affect individual rights. Case law and regulatory interpretations may provide additional guidance on how these requirements apply in specific situations. As with other posts, this post does not constitute legal advice and should not be relied on as such. You may want to consult with a licensed attorney in your jurisdiction if you have questions about your rights.