Meal Break and Rest Break Violations

California Meal and Rest Break Laws: Your Rights to Required Breaks

Introduction: The Importance of Meal and Rest Breaks for California Employees

California law recognizes that employees need breaks during their workday to rest, eat, and tend to personal needs. Employers who fail to provide compliant meal and rest periods, or who pressure employees to work through them, are violating California labor law and may owe significant compensation to affected employees.

At Brightwood Law Group, PC, we are committed to ensuring that employees receive all legally mandated breaks and are compensated appropriately when these rights are denied. This page provides an overview of your options when you believe your employer is not complying with the law.

Your Right to Meal Periods in California

Non-exempt employees in California are generally entitled to unpaid meal periods under the following conditions:

  • Entitlement and Duration: 
    • If you work more than five hours in a day, you are entitled to at least one 30-minute unpaid meal break.
    • If you work more than ten hours in a day, you are entitled to a second 30-minute unpaid meal break.
  • Timing of Meal Periods: 
    • The first meal period must generally be provided no later than the end of your fifth hour of work (i.e., before you start your sixth hour).
    • If a second meal period is required, it must generally be provided no later than the end of your tenth hour of work.
  • Nature of the Break – Relieved of All Duty: 
    • Crucially, meal periods must be “uninterrupted,” and you must be “relieved of all duty” for the entire 30-minute period. This means you should not be expected to perform any work tasks, answer work-related questions, monitor equipment, or remain on call during your meal break.
    • You must generally be free to leave the employer’s premises during your meal break. If your employer requires you to remain on-site, the break may need to be paid.
  • Waivers of Meal Periods: 
    • The first meal period can be lawfully waived by mutual written consent of both you and your employer ONLY if your total workday is no more than six (6) hours.
    • The second meal period can be lawfully waived by mutual written consent ONLY if your total workday is no more than twelve (12) hours AND the first meal period was not waived.
  • “On-Duty” Meal Periods: 
    • An “on-duty” meal period (where you are not relieved of all duties) is permissible only in very limited circumstances: (1) the nature of the work actually prevents you from being relieved of all duty (e.g., a sole worker in a remote location), AND (2) there is a written agreement between you and your employer for an on-the-job paid meal period, which you can revoke in writing at any time. On-duty meal periods must be paid as time worked. This exception is narrowly interpreted and often misapplied by employers.

Your Right to Rest Periods in California

In addition to meal periods, non-exempt employees are entitled to paid rest periods:

  • Entitlement and Duration: 
    • You are entitled to a net ten (10) minute paid rest period for every four (4) hours worked, or major fraction thereof. The Division of Labor Standards Enforcement (DLSE) generally interprets a “major fraction” of four hours as any time over two hours. This often means a second rest break is due for shifts longer than six hours.
  • Timing of Rest Periods: 
    • Rest periods should, as far as practicable, be taken in the middle of each four-hour work segment.
  • Nature of the Break – Uninterrupted and Off-Duty: 
    • Rest periods must be “uninterrupted,” and your employer must relinquish control over your activities during the break. On-call rest periods, where you must remain available for duty, are generally not permitted.
  • Paid Time: 
    • Rest periods are counted as hours worked and must be paid at your regular rate of pay.
  • No Waiver: 
    • Unlike meal periods, rest periods generally cannot be waived by you or your employer.

Premium Pay for Missed Meal or Rest Breaks (Labor Code § 226.7)

If your employer fails to provide you with a compliant meal or rest period, California Labor Code § 226.7 mandates that you are owed one additional hour of pay at your regular rate of compensation for each workday that a meal period was not provided, AND another one additional hour of pay for each workday that a rest period was not provided.

  • This means you could be entitled to up to two hours of premium pay per workday if both meal and rest break requirements are violated on that day.
  • Premium Pay is Considered “Wages”: The California Supreme Court has clarified that this premium pay is considered “wages,” not a penalty. This is significant because: 
    • It means the statute of limitations for recovering these premiums is typically three years (or four years under the UCL for restitution).
    • Unpaid meal and rest break premiums must be included in your final paycheck upon termination; failure to do so can trigger “waiting time penalties”.
    • These premiums must be accurately reported on your itemized wage statements; failure to do so can lead to “wage statement penalties”.
    • Pre-judgment interest is recoverable on unpaid premium pay, typically at a rate of 7% per annum.

Common Meal and Rest Break Violations by Employers

Employers may violate California’s meal and rest break laws in various ways, including:

  • Requiring or pressuring employees to work during their meal breaks (e.g., “working lunches”) or during their paid rest periods.
  • Interrupting meal or rest breaks for work-related tasks or questions.
  • Failing to provide breaks at all, or not providing them within the legally mandated timeframes.
  • Discouraging employees, either explicitly or implicitly, from taking their entitled breaks.
  • Automatically deducting 30 minutes from an employee’s time for a meal break, even if the employee did not actually take a full, uninterrupted break or took a shorter one.
  • Misclassifying non-exempt employees as exempt to avoid the obligation to provide breaks.
  • Failing to provide suitable, accessible resting facilities separate from toilet rooms for rest breaks.

What to Do If Your Meal or Rest Break Rights Are Violated

If you believe your employer is not complying with meal or rest break laws:

  1. Document Violations: Keep detailed personal records of all missed, short, late, or interrupted breaks. Note dates, times, how long you actually worked, and any reasons given by your employer or circumstances that prevented you from taking a compliant break.
  2. Report Internally (Optional but Recommended): You can choose to report the violations to your supervisor, manager, or HR department. Sometimes, employers may correct the issue once formally notified. Keep a copy of your written complaint and any response by your employer.
  3. File a Wage Claim: You can file a wage claim with the California Labor Commissioner’s Office (DLSE) to recover premium pay for missed meal and rest breaks.
  4. Consult Brightwood Law Group, PC: Meal and rest break laws, and the calculation of premium pay and related damages, can be complex. An attorney can assess your situation, explain your rights, and help you pursue all available remedies.

Legal Remedies for Meal and Rest Break Violations

If your employer has violated your right to meal and/or rest breaks, you may be entitled to:

  • Premium Pay: One additional hour of pay at your regular rate of compensation for each workday with a meal period violation, and one additional hour for each workday with a rest period violation.
  • Waiting Time Penalties (Labor Code § 203): If these unpaid premium payments (which are wages) are not included in your final paycheck upon separation from employment.
  • Inaccurate Wage Statement Penalties (Labor Code § 226(e)): If these premium payments are not accurately reflected as wages earned on your itemized pay stubs.
  • Pre-Judgment Interest: Interest on the unpaid premium pay, typically at 7% per annum.
  • Attorney’s Fees and Costs: While nuanced, attorney’s fees may be recoverable if your claim for unpaid break premiums leads to successful derivative claims that have their own fee-shifting provisions (e.g., waiting time penalties or wage statement penalties).


Statute of Limitations: The statute of limitations for recovering meal and rest break premiums (as wages) is generally three years from the date of the violation. This may be extended to four years if pursued as restitution under California’s Unfair Competition Law (UCL).

How Brightwood Law Group, PC Can Help Secure Your Entitled Breaks and Compensation

Brightwood Law Group, PC is committed to ensuring that all employees receive their legally mandated meal and rest breaks and are fairly compensated when these rights are denied. Our experienced employment attorneys can help you by:

  • Analyzing your work schedules, pay records, and employer policies to identify violations.
  • Calculating the full amount of premium pay, interest, and any applicable penalties you are owed.
  • Advising you on the best strategy for recovering what is due, whether through direct negotiation, a claim with the Labor Commissioner, or a lawsuit.
  • Providing strong representation in all legal proceedings, including individual claims and class actions.


Learn more about your general rights on our California Wage and Hour Laws Page.

Understand how break violations relate to Unpaid Wages and Overtime.

Denied Your Meal or Rest Breaks? You Deserve Compensation.

If your employer is not providing you with compliant meal or rest periods, you may be entitled to significant premium pay and other damages. Contact Brightwood Law Group, PC today for a free confidential consultation. Our dedicated employment law attorneys are ready to fight for your rights. Call us at (310) 895-9075 or fill out our online contact form.

Unpaid Wages and Overtime
Failure to Reimburse Expenses