Meal & Rest Break Violations
California labor law guarantees non-exempt employees the right to regular, uninterrupted meal and rest breaks.
When employers fail to provide these breaks—or pressure employees to skip or work through them—they may be liable for meal and rest break violations under the California Labor Code.
Meal Break Requirements
Employees who work more than five hours in a day are entitled to:
- A 30-minute unpaid, off-duty meal break
- The break must begin no later than the end of the fifth hour of work
- If the employee works more than 10 hours, a second meal break must be provided
Meal breaks must be duty-free—employees cannot be required to work, remain on-call, or stay at their workstation during the break. If the employee is not relieved of all duties, the break is considered “on-duty” and must be paid.
Employees may voluntarily waive the first meal break if the workday is no more than six hours. The second meal break can be waived if the workday is no more than 12 hours and the first break was taken.
Case Results
Rest Break Requirements
Employees are entitled to:
every four hours worked or major
fraction thereof
of each work period where feasible
employee works fewer than 3.5 hours
in a day
Rest breaks must be uninterrupted and duty-free. Employers must not discourage or prevent employees from taking these breaks.
Common Violations
- Requiring employees to remain on-duty or on-call during breaks
- Failing to provide breaks at the required times
- Not offering a second meal break during shifts over 10 hours
- Encouraging a culture where breaks are skipped or delayed
- Not paying premium pay when breaks are missed
Even if an employee voluntarily skips a break, employers must ensure the option was freely given without pressure or obstruction.
Penalties and Legal Remedies
When an employer fails to provide a compliant meal or rest break:
Employees can file complaints with the California Labor Commissioner or pursue private legal action. Claims for missed breaks must generally be filed within three years under California law.