California’s labor laws are among the most comprehensive in the nation, especially when it comes to ensuring the health, safety, and well-being of employees.
One area where protections are strongest are for meal and rest breaks. While many people assume lunch breaks are just a workplace courtesy, in California, they’re a legal right for most employees.
What Does California Law Say About Meal Breaks?
Under California Labor Code § 512 and the Industrial Welfare Commission (IWC) Wage Orders, non-exempt employees (hourly workers) are entitled to one or more unpaid meal breaks depending on the number of hours they work in a day.
For example, if an employee works more than five hours in a workday, the employer must provide a minimum 30-minute unpaid meal break. However, if they work more than ten hours in a day, a second unpaid 30-minute meal break must be provided. Employers must also ensure that the employee is relieved of all work duties during their meal period.
Meal and rest break regulations are designed to protect employees from being overworked and to support their right to rest, nourishment, and personal time during long shifts. If a valid meal break is not provided, the employer could be penalized.
What Counts as a Valid Meal Break?
A valid meal break in California is more than just time off the clock; it must meet several legal criteria.
- Minimum 30 Minutes: The meal period must be at least 30 consecutive minutes in duration. Anything less, unless fully paid and on-duty, does not count as compliant.
- Duty-Free: Employees must be completely relieved of all work responsibilities, including answering phones, checking emails, or remaining available for work-related issues.
- Uninterrupted: Employers cannot ask or require employees to remain on-site or to perform even minor tasks during their break. If their break is interrupted, it does not qualify as a lawful meal period.
- Unpaid (Usually): Meal breaks are typically unpaid unless the employee is required to remain on duty, or if the nature of their job prevents them from being relieved of their duties. In those cases, an on-duty meal period is permitted only if it is agreed upon in writing and meets strict legal standards.
Employers who fail to provide a valid meal break must compensate the employee with one additional hour of pay at the employee’s regular rate of compensation for each day the violation occurs.
Are Employers Required to Enforce Breaks?
California law does not require employers to force employees to take breaks, but it does require them to relieve employees in order for them to take breaks, and not discourage employees from taking them.
While an employee may voluntarily skip a meal break under certain conditions, the employer must still provide the opportunity to take the break and cannot discourage, prevent, or create working conditions that make taking the break impractical.
Setting unmanageable workloads or timelines that pressure employees to skip breaks may be considered a violation.
What About Exempt Employees?
Exempt employees, or those who are not entitled to overtime pay, are generally not covered by California’s meal and rest break requirements due to their salaried contracts. However, misclassification can be a major issue in California, where some employers may label workers as “exempt” without actually meeting the strict exemption criteria.
If you’re a salaried employee but your job duties resemble those of a non-exempt worker , you may still be entitled to meal and rest breaks under California law. All exemptions must be carefully evaluated based on job duties and not just job titles or salaries.
Can Employees Choose to Work Through Lunch?
Sometimes employees may voluntarily work through their lunch, however, it is only lawful if the employer offered the break and didn’t prevent or discourage them from taking it.
If employees remain on duty during their lunch break – even by choice – the break usually must be paid, and may not count as a valid meal break under the law. Employers are discouraged from creating a culture where working through lunch is normalized or expected, even implicitly, or they could face penalties.
Common Employer Violations
Despite clear legal guidelines, break violations are still very common and widespread, especially in industries like food service, retail, healthcare, and warehouse operations, due to tight scheduling, short staffing, or lack of proper training.
For example, failing to provide break times for employees within their respective shifts, or requiring employees to remain on-call are some of the most common instances of meal break violations. If these violations are consistent in a workplace, it can result in substantial liability where employers can be susceptible to a series of claims, including class-action lawsuits.
What Should You Do If Your Meal Break Rights Are Violated?
If you’re an employee who has been denied proper meal or rest breaks, or have been pressured to work through them without compensation, you have legal rights under California law. One of the first things you should do is gather evidence that supports your claim. Gather pay stubs, time cards, and witness statements.
Once you have gathered enough evidence to support your claim, call an attorney who specializes in employment law to get a better understanding of your situation. Should they believe you have enough grounds to file a claim, they can represent your interests and help you the justice and compensation you rightfully deserve.
If you’re unsure whether your break rights were violated, you can still speak with an experienced California employment law attorney to understand your case and if any further action needs to be taken.
Let Lawyers for Justice, PC Protect Your Rights
Meal and rest break laws in California are designed to ensure that workers are treated fairly and have the opportunity to rest, recharge, and care for their health during long workdays. If your employer fails to comply with meal break laws, you deserve to assert your rights without the fear of retaliation. Lawyers for Justice, PC can stand by your side and fight for the justice you deserve.
Our experienced team of California attorneys understand the nuances of employment rights and are committed to representing workers from all walks of life. Whether you’ve been denied meal or rest breaks, forced to work through lunch, or were misclassified as exempt, our Wage and Hour Attorneys can help you get the justice you deserve. Contact us today at (818) JUSTICE or fill out our online contact form for a free case consultation.