Know Your Rights: California Meal and Rest Break Laws – Are You Being Shortchanged?

Under California law, all employees are entitled to regular meal and rest breaks to ensure their well-being at work. Unfortunately, not all employers follow the law. If you believe your employer is denying you these breaks or compensating you unfairly, you may have a claim for unpaid wages and penalties. Here’s what you need to know.

Meal Breaks: What You’re Entitled To

California Labor Code § 512 and the Industrial Welfare Commission (IWC) Wage Orders set clear rules for meal periods:

• First Meal Period: Employees must be given an uninterrupted, off-duty 30-minute meal break if they work more than 5 hours.

• Second Meal Period: Employees working more than 10 hours in a day are entitled to a second 30-minute meal break.

• Waivers: The first meal break may be waived only if the workday does not exceed 6 hours. The second meal break can be waived if the total hours worked are 12 or less, and the first meal break was not waived.

Rest Breaks: Your Time to Recharge

Under California Labor Code § 226.7 and the IWC Wage Orders:

• Employees must receive a 10-minute paid rest break for every 4 hours worked or a major fraction thereof.

• Rest breaks should be taken as close to the middle of each 4-hour work period as possible.

• Employers cannot require employees to remain “on call” during their rest breaks; you must be completely relieved of duties.

What Happens When Employers Violate These Laws?

If an employer fails to provide a compliant meal or rest break:

1. The employee is entitled to one additional hour of pay at their regular rate of compensation for each meal or rest period violation per day.

2. Violations can add up quickly, especially in workplaces with systemic issues.

These penalties are codified under Labor Code § 226.7(c).

Common Employer Violations

Employers often engage in practices that violate meal and rest period laws, including:

• Not scheduling or allowing meal/rest breaks.

• Interrupting breaks with work-related duties.

• Automatically deducting time for meal breaks regardless of whether the break was taken.

• Misclassifying employees as exempt from meal and rest break laws.

If any of these sound familiar, your rights may have been violated.

Important Legal Precedents

Several court cases highlight the protections workers have under California law:

• Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004: Employers must provide breaks but are not obligated to ensure employees take them.

• Ferra v. Loews Hollywood Hotel, LLC (2021) 11 Cal.5th 858: Break violation penalties must be paid at the employee’s regular rate of pay, including commissions and bonuses.

Why Act Now?

Under California’s statute of limitations:

• Employees can recover wages and penalties for violations going back up to 3 years (Labor Code § 338(a)).

• For violations of written policies under the Private Attorneys General Act (PAGA), claims can cover a period of up to 1 year from the violation (Labor Code § 2699).

Time is critical to preserve your claims and maximize recovery.

How We Can Help

At WorkRight Law, we fight for employees who have been mistreated, underpaid, or denied their rights. With nearly two decades of experience representing workers in wage-and-hour disputes, we understand how to hold employers accountable and secure the compensation you deserve.

If you believe your employer has violated meal and rest break laws, contact us today for a free consultation. Call us at (562) 760-8803 or visit WorkRightLaw.com.

Let us help you fight back against injustice and make your employer play by the rules!