California Meal and Rest Break Violations

April 15, 2025

California has some of the strongest labor laws in the country, including strict regulations regarding meal and rest breaks. These laws exist to protect employees from being overworked and ensure they receive adequate time to rest during their shifts. Unfortunately, many employers fail to comply, either by not allowing breaks, interrupting them, or refusing to pay the required penalties when violations occur.

If your employer is not providing legally required breaks, you may be entitled to compensation. Understanding your rights and what steps to take if they are violated can help you recover unpaid wages and hold your employer accountable.

Your Right to Meal and Rest Breaks in California

California labor laws require employers to provide both meal and rest breaks to non-exempt employees based on the number of hours worked.

For meal breaks, employees who work more than five hours in a shift must receive an unpaid, uninterrupted 30-minute meal break. If an employee works more than ten hours, they are entitled to a second 30-minute meal break. These breaks must be duty-free, meaning the employee is relieved of all work responsibilities.

For rest breaks, employees are entitled to a paid, 10-minute break for every four hours worked (or a major fraction thereof). Rest breaks must be uninterrupted and taken as close to the middle of the work period as possible. Employers cannot require employees to remain on duty or delay breaks beyond a reasonable time.

Common Meal and Rest Break Violations

Many employers fail to comply with these laws in different ways. Some of the most common violations include:

• Failing to provide meal or rest breaks on time or at all.
• Interrupting breaks by requiring employees to remain on-call or handle work tasks.
• Automatically deducting meal breaks from paychecks, even if the employee did not take a full break.
• Discouraging employees from taking breaks by assigning workloads that make breaks impractical.
• Not paying required penalties when a break is missed or delayed.

Employers often try to get around meal break laws by allowing breaks but making it difficult for employees to take them. If you are consistently unable to take your meal or rest breaks due to workload, scheduling, or pressure from management, your rights are being violated.

What to Do If Your Employer Violates Meal and Rest Break Laws

If your employer fails to provide meal and rest breaks, you have the right to recover additional wages. Under California law, an employer must pay one additional hour of pay for each day a meal break is denied and one additional hour of pay for each day a rest break is denied.

If you are experiencing break violations, document your work hours carefully. Keep a record of your shifts, the times you were (or were not) able to take breaks, and any instances where you were required to work during a break. Save any written communications with your employer regarding break policies or complaints.

You can reach out to an employment lawyer or file a wage claim with the California Labor Commissioner’s Office, which investigates wage and break violations. If your employer refuses to comply with labor laws, the agency can order them to pay unpaid wages, penalties, and damages.

If your employer retaliates against you for demanding your break rights, such as cutting your hours, demoting you, or terminating your employment, you may have a retaliation claim in addition to a wage claim. California law protects employees from being punished for asserting their workplace rights.