Meal & Rest Breaks

California law requires employers to provide meal and rest breaks to non-exempt employees under Labor Code section 512. Failing to do so can entitle workers to extra pay and legal action.

Workers on a break during a shift in California

Breaks and lunches aren’t a privilege; they’re protected by California law. Whether you sit down for a meal, step outside for fresh air, take a walk, stretch, breathe, or simply disconnect for a moment, your time is yours.

Some examples of meal and rest break violations include:

  1. Interrupted breaks: If an employer contacts you, assigns tasks, or otherwise interrupts you during a designated rest or meal break, that break may not count and you may be owed additional compensation.

  2. Clocking out but continuing to work: If an employer requires you to clock out for a meal break but then asks you to keep working, that time is still compensable. You cannot be forced to work off the clock.

  3. Restricted to the premises: During a meal break, you have the legal right to leave the workplace. If an employer requires you to remain on-site, even if you are free from duties, this may constitute a missed or invalid meal break.

  4. Late or skipped breaks: If your employer fails to provide a meal or rest break within the required time window, or skips it entirely, you are entitled to one additional hour of pay for each missed break, known as a "premium pay" penalty.

  5. Pressure to waive breaks: An employer cannot pressure or coerce you into waiving a meal break. Any waiver must be voluntary to the employee.

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  • What should I do if my employer is violating my break rights?

    Document the dates and circumstances of any missed or interrupted breaks. Then speak with an employment attorney. Many, including Mauro Law Firm, offer free consultations.

  • What happens if my employer never provided breaks?

    You may be owed "premium pay", one additional hour of pay for each missed meal break and one for each missed rest break, per day. These penalties can add up significantly over time.

  • What if I signed something saying I waived my breaks?

    Waivers are only valid in limited circumstances and must be truly voluntary. If you were pressured into signing, or the waiver doesn't meet legal requirements, it may not hold up.

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