Are you wondering if your employer is required to give you a meal break in California? In California, employees are entitled to breaks under certain labor laws. Understand your rights as an employee to ensure you are being treated fairly.
Importance of Meal Breaks for Employees in California
Lunch breaks are of utmost importance for employees in California, and having them increases work productivity. The lunch break must be uninterrupted, meaning you will get relief from duty and enjoy your meal freely.
Employers not complying with the legal requirements may be liable to pay you additional hourly wages. This includes paying an hourly rate for each missed break and any other penalties enforced by the labor department. [1]
Breaks allow you to relax and take your mind off work-related stresses, promoting overall well-being. In addition, rest periods foster a positive work culture by encouraging you to maintain a healthy work-life balance.
What Are The Meal Break Law Requirements in California?
In California, employees are entitled to breaks based on the number of hours worked in a shift unless they are exempt workers. The rest break requirements mentioned under California Labor Code Section 512 include the following: [2]
- If you work more than five hours per day, you are entitled to a 30-minute break.
- If you work more than 10 hours in a day, you are entitled to a second 30-minute meal break.
- Meal breaks should be uninterrupted.
- You can waive your lunch break if your shift is less than six hours.
- If your shift is no more than 12 hours, you can sign a lunch break waiver for your second break.
- You are free to leave the work premises and spend your time as you wish during meal breaks.
- Your employer must not compel you to work during any obligatory break.
- Your employer must ensure that breaks are available, but you are responsible for taking the break.
- As a non-exempt employee, you are entitled to a ten-minute rest break for every four hours worked.
Understanding Paid and Unpaid Meal Breaks in California
There is a distinction between paid and unpaid meal breaks in California.
- Paid meal breaks: California labor law mandates that if you work a shift of more than five hours per day, you must receive an uninterrupted 30-minute paid meal break.
- Unpaid meal breaks: If your work shift is less than six hours per day, you are entitled to a 30-minute unpaid meal break. During this break, you must be completely relieved of your job duties and allowed to leave the workplace.
If the nature of the work prevents you from taking a full, uninterrupted meal break, you may be entitled to an on-duty meal period where you are paid but must remain available to work. [4]
Are There Any Exceptions to the Meal Break Requirements in California?
In California, there are limited exceptions to the meal break requirements outlined in the state’s labor laws. These exceptions apply to specific scenarios or professions that may be exempted from the standard break rules. [2]
- Waivers for Shifts Under Six Hours: If the total work period is no more than six hours, the meal break can be waived by mutual agreement between the employer and employee.
- Exemptions for Certain Industries: Certain industries or occupations may be exempt from California’s lunch break requirements if they meet specific criteria. For example, employees in the motion picture industry, commercial drivers, and employees covered by collective bargaining agreements with specified provisions may have different meal period requirements.
- Emergency Situations: In emergencies where the safety of employees or the public is at risk, breaks may be postponed or waived. Employers must compensate employees for any missed meal break periods.
- On-Duty Meal Breaks: In some cases, employees such as healthcare workers may be entitled to on-duty meal breaks where they are paid but must remain available to work if their nature of work prevents them from taking a full, uninterrupted, and proper meal break.
Contact our California employment law attorneys for a free consultation and legal guidance regarding your meal break rights.
FAQs
If your employer fails to provide a meal period, you have two options for taking legal action. You can either file a wage claim with the Division of Labor Standards Enforcement (also known as the Labor Commissioner's Office), or you can choose to file a lawsuit in court against your employer.
You may receive compensation in the form of one additional hour of pay at your regular rate for each workday for rest break violations by your employer during an 8-hour shift. It is known as premium pay for a missed break. If your employer fails to pay your premium pay, you can file a wage claim within three years according to the Statute of Limitations from the date of the violation. [3]
Sources:
[1] California Meal Break & Rest Break Law (2024) – Calculator + Charts. (n.d.). https://www.calaborlaw.com/california-meal-break-law-for-employees
[2] Law section. (n.d.). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
[3] RECOVER YOUR UNPAID WAGES WITH THE CALIFORNIA LABOR COMMISSIONER’S OFFICE. (n.d.). Department of Industrial Relations, State of California. Retrieved March 1, 2024, from https://www.dir.ca.gov/dlse/PubsTemp/DLSE%20Brochures/Recover%20your%20upaid%20wages%20with%20the%20Labor%20Commissioner%27s%20Office/Brochure-WCA_WEB-English.pdf
[4] Meal periods. (2003, June 2). https://www.dir.ca.gov/dlse/FAQ_MealPeriods.html
