Understanding California’s Meal And Rest Break Violations

California has strict rules requiring employers to provide meal and rest breaks. If your employer hasn’t complied with these laws, you may be entitled to compensation.

Richardson Employment Law, P.C. advocates for Northern California workers who have been wrongfully denied mandated breaks. The firm is well-versed in California wage and hour laws and committed to enforcing your rights.

What Are California’s Requirements For Rest Breaks?

In California, employers are generally required to provide non-exempt workers a 10-minute paid, uninterrupted rest break for every four hours worked, or “major fraction” thereof (more than two hours). These rest breaks must allow employees to be completely free from work duties. Employees working shifts under three and a half hours are generally not entitled to rest breaks.

What Are California’s Meal Break Rules?

Under California law, non-exempt employees are typically entitled to:

• A 30-minute, uninterrupted meal period for shifts over five hours
• A second 30-minute, uninterrupted meal period for shifts over 10 hours

Unlike rest breaks, there is no legal requirement for meal periods to be paid.

Can Meal Breaks Be Waived By Agreement?

Meal breaks may be waived by mutual agreement between the employer and employee under specific conditions. The first meal break can be waived if the employee’s shift is six hours or less. A second meal break can only be waived if the workday is 12 hours or less and the first meal break was not waived. Waivers are not enforceable if agreed to under duress, and employees may revoke the waiver at any time.

Can Your Employer Require You To Work During Your Meal Break?

In California, a valid on-duty meal break is allowed only under limited circumstances. For an on-duty meal to be valid, all of the following conditions must be met:

• The nature of the work must genuinely prevent the employee from being relieved of all duty (the most frequently litigated condition).
• The employee must agree to the on-duty meal break in writing.
• The meal break must be paid.
• The employee may revoke the agreement at any time in writing.

What If Your Employer Violates Your Break Rights?

For each missed meal or rest break, California law requires employers to pay one additional hour of pay at the employee’s regular rate. If your employer fails to provide these payments, you may have legal options to recover compensation.

Get Your Free Consultation Today

If your employer has violated your meal and rest break rights, Richardson Employment Law, P.C. is here to help you understand your options and pursue the wages you deserve. To learn more, schedule a free consultation by calling 916-533-9909 or completing the online contact form.