Have you been missing meal breaks or rest breaks at work?

Compliance with meal and rest break laws remains a significant source of litigation for California employers. California employees and employers must understand the laws regarding meal and rest breaks. Nonexempt workers in California have the right to take breaks at work (meals and rest breaks).Federal laws are also in place to protect employees’ rights to breaks; however, California laws are more comprehensive and generous.

California’s employee break laws require employers to comply with them and communicate the legal requirements to their nonexempt workers. Additionally, and most importantly, they must provide employees with break opportunities.

General Breakdown of Meal and Rest Breaks in California

The California Labor Code provides nonexempt employees with one paid 30-minute meal break and two unpaid 10-minute rest breaks during a typical 8-hour shift. A meal break must be taken off-duty before their fifth hour of work has ended. Every four hours worked (or a significant fraction of four hours) must be interrupted by a 10-minute rest break, and the break should take place in the middle of work hours (whenever reasonably practicable).

The Right to a Break and Your Employer’s Responsibilities

An employee’s unpaid, uninterrupted meal break is for running errands, eating a meal, or doing anything else they want.

Note: During this time, employees are not required to eat.

Employers must allow an employee to take a lawful 30-minute meal break by relieving them of all duties, relinquishing control over the employee’s actions, and participating in the employee’s activities uninterrupted.

Employees cannot be discouraged or impeded from taking meals or have incentives from their employer to skip meal breaks, nor should there be any promotion of a culture that encourages skipping meal breaks.

Note: Even though employers are required to provide such meal breaks by law, they are not required to confirm the employee takes the leave.

Waiving your right to meal breaks: A meal break of at least 30 minutes is required if you work more than five hours in one day. The break cannot begin after the fifth hour of your shift. However, if you wish to waive your meal period, you are permitted to do so provided that you do not work more than six hours during the workday.

Alternatively, you and your employer can agree on an on-duty meal break that counts as time worked.

For shifts that last longer than 10 hours, you are entitled to a second meal break of at least 30 minutes that starts before the tenth hour of the shift. Providing that you may not work more than 12 hours and you haven’t waived your first meal break, you can ask your boss to waive the second meal break.

According to a 2012 California Supreme Court ruling, your employer is obligated to make sure you have a break; however, the employer need not compel you to take a break. Put another way; you are responsible for making sure you actually take the break.

Breaks Provided Go by Hours Worked and Not Hours Scheduled

Breaks are based on the number of hours worked, not on the number of scheduled hours. For example, if an employee is scheduled for an eight-hour shift but only works a four-hour shift, their employer does not need to provide a meal break. In contrast, an employee working more than ten hours in one shift is entitled to a second 30-minute meal break. A second break must be provided no later than the tenth work hour.

Do You Feel Your Right to Breaks at Work are Being Violated?

If you believe your employer is not providing you with time to take your breaks (rest or meal breaks), you may be wondering, “Do I have a right to sue my employer for violating California’s meal break and rest break laws?” Yes, you have the right to take legal action.

If your employer intentionally makes it complicated to take breaks, tries to incentivize employees not to take breaks, creates an anti-break work culture, or does not relinquish their control over you during your breaks; you should seek legal counsel as soon as possible. An attorney can help you report a labor law violation and fight for rightful and complete compensation.

Labor laws protect every employee in California. If you’re being denied your proper meal or rest breaks in California (or feel other labor laws have been violated), our experienced team of California employment attorneys can help.