Can I Sue My Employer For Not Giving Me Breaks in California?

Attorney advertisement by Edwin Aiwazian of Lawyers for Justice, PC, headquartered at 450 N Brand Blvd, Glendale, CA 91203

When it comes to employee rights, California labor laws are among the most comprehensive in the United States. One area where these laws are particularly stringent is in the regulation of meal and rest breaks. Employers in California are required to provide specific meal break times for their employees. Failure to do so can result in legal action.

But what exactly does the law say, and under what circumstances can an employee sue their employer for not providing meal breaks?

 

Understanding California Break Time Law

California’s meal break time law is primarily governed by the California Labor Code and various wage orders issued by the California Industrial Welfare Commission (IWC). These laws set clear guidelines for both meal breaks and rest breaks that employers must follow.

Meal Break Requirements

Under California law, employers must provide employees with a 30-minute meal break if they work more than five hours in a day. This meal break must be:

• Uninterrupted: The meal break must be free of work responsibilities. Employees should be relieved of all duties during this time.
• Unpaid: Generally, meal breaks are unpaid, unless the employee is required to stay on the premises or perform work during the break.
• Within the First Five Hours: The meal break must be provided no later than the end of the employee’s fifth hour of work.

For employees who work more than 10 hours in a day, a second 30-minute meal break must be provided. However, if the total workday is no more than 12 hours, the second meal break can be waived by mutual consent of both the employer and employee, but only if the first meal break was not waived.

Rest Break Requirements

In addition to meal breaks, California law mandates that employers provide a 10-minute paid rest break for every four hours worked, or a major fraction thereof. A ten minute rest break is:

• Paid Time: Unlike meal breaks, rest breaks are paid.
• Scheduled as Near to the Middle of the Work Period as Possible: The rest break should generally be taken in the middle of the work period, though the exact timing can vary based on the work schedule.
• No Duties During the Break: Employees must be completely relieved of all work duties during their rest break.

For example, if an employee works an 8-hour shift, they are entitled to two 10-minute rest breaks—one in the first half of the shift and one in the second half.

Legal Consequences of Denying Breaks

When employers fail to provide the legally required meal and rest times, they face legal consequences. California Labor Code Section 226.7 of the California labor law outlines the penalties for employers who do not comply with meal and rest break requirements.

• Penalty for Missed Breaks: If an employer fails to provide a required lunch break, the employee is entitled to one hour of pay at their regular rate of compensation for each workday that a break is denied. This is commonly referred to as “premium pay.” For instance, if an employee misses both a meal and a rest break in a single workday, they could be entitled to two hours of premium pay.
• Cumulative Penalties: It’s important to note that these penalties can add up quickly. If an employer routinely denies breaks over weeks, months, or even years, the cumulative penalties can be substantial. This is especially true in cases involving large groups of employees, where the employer might be subject to a class-action lawsuit.

When Can an Employee Sue for Missed Breaks?

Employees in California have the right to sue their employer if they are not provided with the required breaks. There are several legal avenues available for employees who wish to pursue a claim against their employer for missed breaks.

Individual Lawsuits

A California employee can file a lawsuit against their employer for meal or rest break violations. An employee can seek to recover:

• Premium Pay: As mentioned earlier, the employee can claim one hour of pay for each missed meal or rest break.
• Interest on Premium Pay: Employees may also be entitled to interest on any unpaid premium pay.
• Attorney’s Fees and Costs: California law allows employees to recover their attorney’s fees and legal costs if they prevail in a lawsuit for missed breaks.

Class Action Lawsuits

In cases where multiple employees have been denied breaks, a class-action lawsuit may be appropriate. Class actions allow a group of employees to collectively sue their employer for widespread violations. Class actions can lead to significant settlements or judgments, especially if the employer has a pattern of violating break laws across a large workforce.

Claims with the California Labor Commissioner

Another option for employees is to file a claim with the California Labor Commissioner’s Office. The Labor Commissioner investigates claims of labor law violations and can order employers to pay penalties and back wages. This process is often faster and less costly than filing a lawsuit in court.

 

Wage and Hour Violations Tips for Employers & Employees

For employers, the best defense against break-related lawsuits is to maintain strict compliance with California’s meal and rest break laws. This includes:

• Implementing Clear Policies: Employers should have clear, written policies that outline when and how meal and rest breaks are to be taken. They must provide meal breaks.
• Training Managers: Supervisors and managers should be trained to ensure that employees are taking their required lunch breaks and rest breaks, and that the breaks are recorded accurately.
• Keeping Accurate Records: Employers should keep detailed records of all meal and rest breaks provided. This can serve as critical evidence in the event of a dispute.

For employees, it’s important to:

• Know Your Rights: Understand the meal and rest break stipulations under California law and make sure you are receiving the breaks you are entitled to.
• Document Violations: If you are not being provided with the required breaks, document the dates and times of the missed breaks and any communications with your employer.
• Seek Legal Advice: If your employer consistently denies you breaks, consider seeking legal advice to explore your options for recovery.

 

Is It Illegal To Not Get A Break At Work? – FAQ

how early can i take my lunch break california? Typically, workers must take their lunch break before their fifth hour of work.

are employers required to give breaks? Yes. A missed meal break could result in an employer facing legal repercussions.

are lunch breaks paid? According to California labor laws, a 30-minute lunch break is generally unpaid if an employee is working a standard eight hour work day.

how many hours do you have to work to get a break? An uninterrupted 30-minute unpaid meal break when working more than five hours in a day. An additional 30-minute unpaid meal break when working more than 12 hours in a day. A paid 10-minute rest period for every four hours worked.

do i legally have to take a lunch break? You can agree with your boss to waive your meal period if you do not work more than 6 hours in the workday.

can i waive my lunch break in california if i work 8 hours? Typically, Caliofrnia employees can only waive their lunch break if their work shift is six hours or less.

how many breaks for a 8-hour shift in california? Non-exempt employees are entitled to one unpaid 30-minute meal break, and two paid 10-minute rest breaks, during a typical 8-hour shift.

is it illegal to not get a break at work? Yes, it can be. California law provides most employees with the right to have an unpaid 30-minute meal period if they work more than 5 hours, and the right to have at least one paid ten-minute rest break if they work at least 3.5 hours in a day, and a second paid ten-minute break if they work no less than six hours.

do you get a break on a 4 hour shift? Typically state labor laws enforce that one 10-minute break is given if an employee is working a 4 hour shift.

how many hours do i have to work to get a lunch? Five hours.

is a lunch break required by law? For certain California workers, they must receive unpaid lunch breaks where they are absolved of their job duties for 30 minutes if they work more than 5 hours in a day. An additional 30-minute unpaid meal break when working more than 12 hours in a day. A paid 10-minute rest period for every four hours worked.

can my employer force me to take a lunch break california? You may be able to waive your lunch if you do not work more than 6 hours in the workday.

can i work 6 hours without a lunch break in ca? Some California workers can give up their lunch period if they work no more than six hours in a shift.

what happens if i take my lunch after 5 hours in california? Typically, ff you take your lunch after 5 hours in California, your employer must pay you for one extra hour at your regular hourly rate for each workday because California law requires a meal break within the first 5 hours of work.

if i work 6 hours do i get a lunch? Yes; a 30-minute unpaid break.

do exempt employees get lunch breaks? Lunch break rights stipulate that exempt employees are entitled to meal breaks, but not rest breaks. California meal and rest period requirements will apply only to non-exempt employees.

Attorney advertisement by Edwin Aiwazian of Lawyers for Justice, PC, headquartered at 450 N Brand Blvd, Glendale, CA 91203