Meal and Rest Break Violations Claims in California

Under California law, employers are required to provide employees with certain meal and rest breaks to ensure they have adequate time to rest, eat, and recharge during their workday. If your employer has failed to provide you with these breaks or has denied you proper compensation for missed breaks, you may have a valid claim for meal and rest break violations. These violations can result in significant financial penalties for your employer and compensation for you as the employee.

At LCK Law, we are dedicated to protecting employees’ rights and ensuring they are compensated for any meal and rest break violations that may have occurred in the workplace. If you believe your employer has denied you these rights, we are here to help you understand your legal options and take action to recover the wages you are owed.

What are Meal and Rest Break Rights in California?

California labor law provides specific guidelines for meal and rest breaks under California Labor Code Section 512 and Industrial Welfare Commission (IWC) Wage Orders. These rules apply to most non-exempt employees, and they ensure employees are given time to rest and eat during their workday.

  1. Meal Breaks:
    • Meal Break Timing: Employees who work more than 5 hours in a day are entitled to a 30-minute meal break, which must be provided no later than the end of the 5th hour of work.
    • Uninterrupted Break: The meal break must be uninterrupted, meaning employees should not be required to work during this time. Employers cannot pressure employees to perform work-related tasks during their meal breaks.
    • Second Meal Break: If an employee works more than 10 hours in a day, they are entitled to a second 30-minute meal break. This break should be provided no later than the end of the 10th hour of work.
  2. Rest Breaks:
    • Rest Break Timing: Employees are entitled to a 10-minute rest break for every 4 hours of work (or major fraction thereof). This means employees working between 3.5 and 6 hours are entitled to one 10-minute rest break, while employees working between 6 and 10 hours are entitled to two 10-minute rest breaks.
    • Uninterrupted Rest: Rest breaks must be uninterrupted and should be taken in the middle of the work period, whenever possible. Employers should not require employees to work during rest breaks.

Note: Rest breaks are paid time, as they are considered part of the employee’s regular work hours, while meal breaks are typically unpaid unless the employee is required to stay on the premises or continue working during the break.

Common Meal and Rest Break Violations

Employers who fail to provide meal or rest breaks, or do not compensate employees for missed breaks, may be violating California labor laws. Common violations include:

  • Failure to provide a meal break within the required time frame (e.g., no meal break within the first 5 hours of work)
  • Not providing a second meal break for employees working more than 10 hours in a day
  • Requiring employees to work during meal breaks (e.g., answering phones, responding to emails, or handling customer requests)
  • Failing to allow employees to take rest breaks or scheduling employees in a way that makes it impossible to take their rest breaks
  • Forcing employees to miss or shorten their rest breaks (e.g., by not giving employees a 10-minute break after 4 hours of work)
  • Failing to compensate employees for missed or shortened breaks by paying the employee an extra hour of pay for each missed break (known as “premium pay” under California law)

Employee Rights and Remedies for Meal and Rest Break Violations

Under California law, employees are entitled to premium pay if their employer fails to provide the required meal or rest breaks. Premium pay means an employee should be paid an additional hour of pay at their regular rate for each meal or rest break that is missed or not provided.

For example:

  • If an employer fails to provide a 30-minute meal break, the employee is entitled to an additional hour of pay for that missed meal break.
  • If the employer fails to provide a 10-minute rest break, the employee is entitled to an additional hour of pay for each missed or interrupted rest break.

How We Can Help

At LCK Law, we are committed to helping employees who have been denied their legal meal and rest breaks. We will work closely with you to:

  • Investigate whether your employer has violated meal and rest break laws
  • Determine if you are entitled to premium pay for missed breaks
  • Help you recover lost wages, damages, and any penalties for your employer’s failure to comply with labor laws

California labor laws are clear about meal and rest break entitlements, and employers who violate these rules can face serious consequences. If your employer has failed to provide proper meal or rest breaks, we can help you take action to recover the wages you are owed and hold your employer accountable for breaking the law.

Contact LCK Law today for a confidential consultation. Let us help you enforce your rights and ensure you are compensated for any meal or rest break violations you’ve endured.