California has some of the strongest wage and hour laws in the country, especially regarding meal and rest break laws. These protections are designed to give workers time to rest, recharge, and take care of personal needs during the workday.
Unfortunately, meal and rest break violations are among the most common labor law issues affecting workers, especially in industries like retail, hospitality, logistics, healthcare, and warehousing, where staffing shortages and production demands are common.
At Seligson Law, led by attorney Ken Seligson, we represent employees across California in cases involving break violations. Our employment lawyers understand the legal requirements, the tactics employers use to avoid compliance, and the steps needed to recover the compensation you are owed.
What Are the Meal Break Laws in California?
Under California Labor Code § 512, non-exempt employees are entitled to:
- One 30-minute unpaid meal break if they work more than five hours in a day.
- A second 30-minute unpaid meal break if they work more than ten hours in a day.
During this time, employers must fully relieve employees of all duties and allow them to leave the worksite. They must also begin no later than the end of your fifth hour of work.
Under Labor Code § 226.7, employers who fail to provide rest breaks must also pay an additional hour of wages for each violation
What Are the Rest Break Laws in California?
In addition, California law mandates a 10-minute paid rest break for every four hours worked. For example, a full-time employee working an eight-hour shift should receive two uninterrupted rest breaks. If these are not provided, the employer must pay an additional hour of wages for each violation.
Like meal breaks, rest periods must be uninterrupted and free of any job duties. If you are asked to stay near your workstation, monitor calls, or cover tasks during your rest break, it’s not legally compliant.
Common Break Law Violations
Our seasoned employment attorneys regularly see violations such as:
- Employers recording breaks on paper but discouraging employees from taking them.
- Managers interrupting breaks to assign tasks or ask questions.
- Remote workers being required to stay available online during scheduled breaks.
- Breaks being delayed past the five-hour limit because of understaffing or scheduling issues.
These violations can add up quickly, especially if they happen repeatedly over time, resulting in substantial back pay, penalties, and in some cases, class action lawsuits.
Taking Action
If you’re regularly missing breaks or being asked to work through them, you don’t have to face it alone. A California wage and hour attorney can help you:
- Review your schedule and time records to determine if violations occurred.
- Calculate any unpaid premiums or wages owed.
- Gather evidence such as timecards, messages, and witness statements.
- Negotiate a settlement or file a claim with the California Labor Commissioner.
- Pursue legal action in court if necessary.
At Seligson Law, our firm represents clients in a wide range of break violation claims, including failure to provide timely breaks, requiring employees to work during break periods, and systemic scheduling practices that make taking breaks impossible. These violations often lead to significant back pay and break penalties, especially when they occur regularly over time.
Contact Our California Meal and Rest Break Lawyers Today
Your break time is protected under California Labor Code §§ 512 and 226.7. If your employer has denied you proper meal or rest breaks, or forced you to work during them, you may be entitled to premium pay, back wages, and legal penalties.
Contact our California wage and hour attorneys today at 213-293-6692 or emailing intake@seligsonlaw.com. We’ll listen to your story, explain your legal options, and help you take the next step toward justice.
FAQs
- Do meal and rest break laws apply to remote employees?
Yes. California break laws apply whether you work on-site, from home, or in a hybrid role. If you are required to work or stay available during a scheduled break, it’s a violation under Labor Code § 226.7.
- Can I skip my break if I choose to work through it?
Meal breaks can be voluntarily waived in limited situations, but your employer cannot pressure or require you to do so. Rest breaks generally cannot be waived.
- What happens if my break starts late?
If your meal break starts after the end of your fifth hour of work, it may count as a violation under Labor Code § 512 and entitle you to premium pay.
- How much am I owed for a missed break?
For each day a meal or rest break is missed, you are entitled to one additional hour of pay at your regular rate under Labor Code § 226.7.
- How do I prove my employer violated break laws?
Keep detailed records of your schedule, breaks taken, and any communications during breaks. Time-stamped messages or witness statements can be valuable evidence.
- How long do I have to file a claim?
In most cases, you have up to three years to recover unpaid wages for break violations in California. Speaking with an attorney early can help preserve your rights
