In California, employees have the right to meal and rest breaks. If an employer doesn’t provide rest breaks and a lunch break as required by California law, employees may have grounds to pursue legal action.
- Meal Breaks:
- In California, non-exempt employees are generally entitled to a 30-minute unpaid meal break when working more than five hours in a workday. If the total workday is less than six hours, the California meal break can be waived by mutual consent of the employer and employee.
- Second Meal Break:
- If an employee works more than ten hours in a workday, they are entitled to a second 30-minute unpaid meal break, unless the total workday is 12 hours or less and the first meal break was not waived.
- California Rest Break Law:
- Non-exempt employees are generally entitled to a paid ten-minute rest break for every four hours worked. Rest break requirements state that a rest break should be provided in the middle of each work period, or as close to the middle of the shift as possible.
- Employee’s Right to Choose:
- Employees generally have the right to choose when to take their meal breaks, but employers are required to make a good faith effort to provide a meal and rest break at a suitable time.
- Penalties for Violations:
- If meal break requirements and rest break requirements are not upheld by an employer, a California employer may be subject to penalties. The penalty for a missed meal break is one additional hour of pay at the employee’s regular rate for each workday that the meal break is not provided. The same penalty applies for missed rest breaks.
- Recording Meal and Rest Breaks:
- According to California labor law, employers are required to maintain accurate records of meal breaks provided and any waivers signed by employees.
Meal Premium Pay
Meal premium pay in California refers to the additional compensation employees are entitled to when their employer fails to provide a required meal period according to state labor laws. California’s meal break regulations are governed by the California Labor Code and the Industrial Welfare Commission (IWC) Wage Orders.
How Meal Premium Pay Works:
First Meal Period: Employees who work more than five hours in a day are entitled to a 30-minute unpaid meal break. The meal and rest period must be provided before the end of the fifth hour of work. Typically, employees who work more than ten hours are entitled to a second 30-minute meal break
Meal Premium Pay: If an employer does not provide their required meal periods (because the break is missed, interrupted, or taken late), the employee is entitled to one hour of additional pay at their regular rate of pay for each workday the meal period is not provided. This additional hour is known as “meal premium pay” or “meal period penalty”
Meal Break Waiver Rule: Employees can voluntarily waive their first meal break if their workday does not exceed six hours. Their second meal break can be waived if the total workday does not exceed 12 hours, but only if the first meal break was taken.
Rest Period Laws: Employees who are denied proper meal breaks and are not compensated with meal premium pay can file claims with the California Labor Commissioner or pursue legal action. Employers who fail to comply with these regulations may face penalties, including back pay and interest on unpaid meal premiums
Can An Employer Automatically Deduct Lunch Breaks in California?
In California, employers typically cannot automatically deduct lunch breaks from an employee’s work hours without ensuring that their meal break was actually taken. California labor laws require that employees who work more than five hours in a day be given a 30-minute unpaid meal break. This break must be duty-free, meaning the employee must be completely relieved of all work duties during this time.
Duty-Free Requirement: The meal period must be uninterrupted and duty-free. If an employee is required to work or remain on duty during their meal break, the break does not qualify as unpaid
Record Keeping: Employers are required to accurately track the time worked by employees, including when meal breaks are taken. Automatically deducting time for lunch without verifying that the break was actually taken and was duty-free could lead to wage and hour violations.
Meal Premium Pay: If an employer fails to provide the required meal break or if an employee is forced to work during their meal break, the employer must pay the employee one additional hour of pay at their regular rate for that day
If certain workers believe that their employer did not provided the required meal or rest breaks, or is in violation of rest break laws, they could:
Document the Meal and Rest Break Violations:
- Keep a record of instances where rest breaks and meal breaks were not provided or were interrupted. Make notice of the dates, times, and any other relevant details.
Discuss the Issue with the Employer:
- Giving breaks is required by California employers. If an employer fails to recognize a rest period, paid rest break, or California meal break, it is worth bringing the issue to the attention of the employer to discuss concerns. It’s possible that the employer may not be aware of the rest break or meal breaks problem and may take action to fix it without the worker having to file a wage claim.
File a Complaint:
- If the issue persists, workers can file a complaint with the California Division of Labor Standards Enforcement (DLSE). The DLSE is responsible for enforcing California labor laws of labor code section 512.
Consult with an Meal and Rest Break Lawyer:
- If certain employees are not satisfied with the resolution of speaking directly with their California employers, or they have suffered financial losses due to the lack of break time, call the employment attorney team at Lawyers for Justice, PC (LFJ). LFJ isn’t afraid to go after big employers who do not provide meal breaks. The firm has filed class action suits for unpaid wages and meal and rest break violations and has recovered compensation for California workers. The attorney team can assess the specifics of each meal and rest break case to see if a violation occurred and guide employees on whether legal action may be appropriate.
California law, especially employment laws, can be complex, and the specifics of any situation regarding rest breaks and meal breaks can be difficult to understand. Consulting with an employment attorney can provide personalized advice based on the personal details of a case.
California Meal Breaks – FAQ
can an employer tell you where to take your meal and rest breaks? While it is not required, employers have the right to order employees to go on their meal and rest breaks. If an employee doesn’t listen, the employer has the right to discipline or terminate the employee for insubordination, according to California labor law.
can i sue my employer while still employed? There is no legal requirement that states an employee must be fired before filing a lawsuit against their employer.
can i leave the premises on my lunch break? During meal breaks, an employee must be relieved of all their job duties. Therefore, they are free to leave the work premises for a 30 minute meal break. As such, according to break laws, the employer is not required to pay the employee for a 30 minute meal break as long as the employee is relieved of all their work duties.
how early can i take my lunch break california? According to California meal break requirements, the first 30 minute meal break must be provided no later than the end of the employee’s fifth hour of work.
can i work 6 hours without a lunch break in california? Following meal break requirements is important in California. If employees work over 5 hours in a day, they are entitled to at least a 30 minute meal break that must start before the end of the fifth hour of their shift. HOWEVER, they can agree with their California employer to waive their meal break, as long as they do not work more than 6 hours in the workday.
is my employer required to give me a break? California law requires employers to provide employees meal and rest breaks during their work period. Unlike meal breaks, a ten minute rest break is still paid. If an employer is not allowing employees to take their sufficient breaks, the employee can reach out to an employment wage and hour lawyer to seek help and guidance. LFJ offers a free consultation for workers who need more information on rest break laws. Call (818) JUSTICE.
can employer make you take longer lunch to avoid overtime? It can be legal for an employer to ask an employee to leave early, come in late, or maybe take a longer meal or rest break, as long as the minimum meal break is 30 minutes.
are 15-minute breaks required by law? Typically, your boss must give you a rest break of at least 10 consecutive minutes that are uninterrupted. Rest breaks must be paid. If you work at least 3.5 hours in a day, you are entitled to one rest break. If you work over 6 hours, you are entitled to a second rest break.
can you sue a company for not letting you use the bathroom? Potentially,if your employer has improperly denied you access to use the bathroom, you may be able to file a lawsuit if the reason falls under workplace harassment, discrimination, or violations of health and safety regulations.
are salaried employees entitled to breaks? Sometimes employers assume that salaried employees are not entitled to rest break rules. This is a misconception and could lead to labor law violations. Salaried employees in California are entitled to breaks. The specifics can vary depending on whether the employee is classified as exempt or non-exempt.
can an employer keep you from leaving? Typically, your boss can ask you to stay, and they could tell you that if you don’t stay that you could be fired. However, a boss cannot keep you against your will.
can i leave the premises on my 10-minute break? Typically, employees are free to leave the premises during a 10 or 30-minute break.
do employers have to provide a break room california? In California, the law does not specifically require employers to provide a designated break room. However, employers should provide a suitable place for employees to take their meal and rest breaks.
can an employer tell you when to take your break? Employers usually have the right to order employees to go on their meal and rest breaks.
is it legal to prohibit employees to drink water during their shift at work? Under California Labor Code 2441, “every employer of labor in this state shall, without making a charge therefor, provide fresh and pure drinking water to his or her employees during working hours. Access to the drinking water shall be permitted at reasonable and convenient times and places.”
can an employer limit bathroom breaks? It usually is not legal to discourage employees from using the bathroom for a reasonable amount of time/instances during the work day.
can an employer make you stay past your scheduled time? Typically, an employer cannot make you stay late, whether or not they give you notice.
can my employer make me clock out to use the bathroom? Usually, employers cannot discourage their workers from taking breaks – or using the restroom – by making employees clock out. Bathroom breaks that are taken should, however, fall within a “reasonable” amount of time.
can an employer keep you from leaving? Maybe you ask to leave work early, and your boss asks you to stay; that is usually legal. However, they can’t keep you at work against your will beyond your scheduled shift.
can i leave the premises on my 10-minute break? Employees are typically free to leave the premises during either their 10 minute rest break or 30-minute meal break. Your time is your own, and your employer cannot tell you to remain on-site.
are break rooms required by law? According to the Department of Industrial Relations, “employers are required to provide suitable resting facilities that shall be available for employees during working hours in an area separate from the toilet rooms.”
can an employer tell you when to take your break? Under California law, employers have the right to set your work schedule, including your break schedule.
can an employer limit bathroom breaks? According to California law, it is generally not proper to discourage employees from using the bathroom in a reasonable manner during the work day.
can you leave work on a paid break? Because 10 minute rest breaks are paid, and employees are allowed to leave the premises during those breaks, yes, they can leave during a paid break.
can an employer time your bathroom breaks? Employers should not impose unreasonable restrictions on bathroom use, and similarly, employees should not take an excessive amount of time during bathroom breaks.
can an employer deny bathroom breaks? Employers must allow employees to take a reasonable amount of bathroom breaks during their work shift.
can an employer stop you from using the bathroom? Employers generally shouldn’t discourage workers from taking breaks or using the bathroom, either by making them clock out to do so. Additionally, California entitles employees to a paid ten-minute break every four-hour period.
