What Every Worker and Employer Needs to Know
California labor law is among the most employee-friendly in the nation—and for good reason. Workers are entitled to more than just fair pay; they deserve proper rest during their shifts. That’s why meal and rest break laws are a major part of California’s wage and hour regulations. But not everyone follows the rules.
As a law firm that represents employees across Southern California, Shaumyan & Derbarseghian, LLP frequently encounters clients who’ve been denied lawful breaks—or pressured to work through them without proper compensation. This blog is designed to help you understand what your rights are, what employers must do to stay compliant, and what legal options are available if these rights are violated.
Your Basic Rights as a California Employee
Let’s start with the fundamentals. Under California law:
- You’re entitled to a 30-minute unpaid meal break if you work more than 5 hours in a day.
- You’re entitled to a second 30-minute meal break if you work more than 10 hours in a day.
- You get a 10-minute paid rest break for every 4 hours (or major fraction thereof) worked.
These breaks are mandatory, not optional. Even if you’re willing to work through them, your employer may be violating the law if they allow it without meeting specific requirements.
A Closer Look at California Meal Break Requirements
First Meal Break (After 5 Hours)
If your shift is longer than 5 hours, your employer must provide you with a 30-minute unpaid meal break. You must be relieved of all duties during this time.
However, there’s one exception: You and your employer may mutually agree to waive the meal break if your shift is 6 hours or less.
Second Meal Break (After 10 Hours)
If your total workday exceeds 10 hours, you’re entitled to another 30-minute meal break. This second meal break can also be waived, but only if:
- You took the first meal break, and
- You and your employer mutually agree to waive the second
Understanding Rest Breaks
Rest breaks are paid, and they are intended to give you a moment to relax and recharge.
Here’s how it breaks down:
| Hours Worked | Rest Breaks Required |
| 0 – 3.5 hours | None |
| 3.5 – 6 hours | 1 x 10-minute break |
| 6 – 10 hours | 2 x 10-minute breaks |
| 10 – 14 hours | 3 x 10-minute breaks |
Rest breaks should be in the middle of your shift whenever practical. You should not be forced to combine them or take them at the very end of your day.
What Counts as a Legal Break?
A “legal” meal break means you are:
- Completely relieved of duty
- Free to leave the premises if you choose
- Not interrupted by work-related calls, emails, or instructions
For rest breaks, you must be:
- Relieved of all duties
- Allowed to rest without restrictions
- Paid for your time
What Happens When Employers Violate These Laws?
If your employer fails to provide a meal or rest break, or forces you to work through them, they are legally required to pay you one extra hour of wages per violation—called a “premium” pay.
Example: If you’re denied a meal break and a rest break in the same shift, that’s 2 premium hours owed for that day.
Wage violations like these can quickly add up. If you’ve experienced this regularly over weeks, months, or years, you may be entitled to significant back pay.
Common Employer Violations (That You Might Not Know Are Illegal)
Not all violations are obvious. Sometimes, employers cut corners in subtle ways. Here are some examples of what we see all the time at our firm:
- You’re told to “clock out” for your lunch, but your manager asks you to answer phones or stay nearby “just in case.”
- You’re scheduled in a way that makes taking breaks practically impossible.
- You’re pressured to sign a break waiver without really understanding it.
- Your employer misclassifies you as “exempt” to avoid break laws (more on that below).
- You work through lunch voluntarily, but aren’t paid an extra hour.
None of these excuses are valid under California law.
Are Any Employees Exempt from Meal and Rest Break Laws?
Yes—but only under very specific circumstances.
Employees may be exempt if they are:
- Properly classified as “exempt” under California law (typically executives, professionals, or administrative roles that meet a salary threshold and job duty test)
- Unionized workers with collective bargaining agreements that include alternative break arrangements
Many employers misclassify their employees to avoid these obligations. If you’re salaried and not receiving breaks, don’t assume it’s legal—contact an attorney to confirm.
Can You Sue for Missed Breaks?
Absolutely. Employees can bring claims under:
- The California Labor Code
- The Private Attorneys General Act (PAGA)
- Class-action lawsuits for widespread violations
You may be entitled to:
- Premium pay for every break missed over the last 3–4 years
- Interest on those wages
- Penalties for willful violations
- Attorney’s fees and costs
Real-World Example
Maria, a retail worker in Los Angeles, worked 9-hour shifts without ever being given a meal break. Her manager said they were “too busy” and that she could eat while organizing inventory. After six months of this, she contacted our firm.
We helped her:
- File a wage and hour claim with the Labor Commissioner
- Recover over $8,000 in back pay and penalties
- Hold her employer accountable for illegal scheduling practices
Maria’s case isn’t unusual—and you might be in the same situation without even knowing it.
Time Is Ticking: Don’t Wait to Take Action
California’s statute of limitations for missed break claims is generally three years, but can extend to four years under unfair business practices laws.
The longer you wait, the more pay you could lose. Evidence like work schedules and time cards may also become harder to access.
How to Document a Break Violation
Even if your employer uses a digital system or asks you to manually check off “meal taken” boxes, keep your own records. Here’s what we recommend:
- Write down every day a break is missed
- Save text messages or emails requesting you to work during lunch
- Screenshot or photograph break schedules
- Talk to coworkers—your case may not be isolated
Need Legal Help? We’ve Got Your Back.
At Shaumyan & Derbarseghian, LLP, we specialize in representing employees in wage and hour claims across California. If you believe you’ve been denied proper meal or rest breaks, you could be owed more than you realize.
