Getting through a full workday without a proper break isn’t just exhausting, it’s illegal in California.
The state has some of the strictest worker protection laws in the country, and that includes your right to take meal and rest breaks. But your employer doesn’t just have to let you take a break, they’re legally obligated to make those breaks available.
Here’s a comprehensive guide to what the law says, what your rights are, and what to do if your employer is breaking the rules.
California’s Work Break Requirements
California break laws apply primarily to non-exempt employees, meaning most hourly workers and many salaried employees who don’t meet specific exemption criteria.
Here’s what you’re entitled to:
Meal Breaks
- One unpaid, 30-minute meal break if you work more than five hours in a day.
- A second 30-minute unpaid meal break if you work more than 10 hours.
- Meal breaks must be uninterrupted and off-duty—you must be completely relieved of work responsibilities.
- Meal breaks must start before the end of the 5th hour (for the first meal break) and before the end of the 10th hour (for the second).
You and your employer may agree to waive:
- The first meal break if your shift is 6 hours or less.
- The second meal break if you work no more than 12 hours and you did not waive the first one.
Rest Breaks
- You’re entitled to a paid 10-minute rest break for every 4 hours worked, or a “major fraction” of 4 hours.
- “Major fraction” means anything over two hours. So if you work 6 hours, you get two rest breaks.
- Rest breaks must be paid, uninterrupted, and as close as possible to the middle of your work period.
- You cannot be forced to stay on the premises during a rest break.
What Does “Uninterrupted” Really Mean?
If your employer:
- Interrupts your break to ask you questions,
- Requires you to stay on call,
- Or makes it hard for you to step away from your duties…
…that’s not a valid break. Under California law, your employer must fully relieve you of duty. If they don’t, they’re required to pay you an additional one hour of wages for each day that they fail to provide a compliant meal or rest break.
Yes, that means you could be entitled to up to two extra hours of pay per day, one for a missed meal break and one for a missed rest break.
Common Violations We See at Malk Law Firm
At our Los Angeles office, we regularly hear from workers in industries like retail, hospitality, caregiving, warehouses, and more who’ve been denied their legal break rights.
Here are the most common violations:
- Being required to clock out for a break but told to stay at your workstation.
- Meal breaks scheduled after the 5th hour of work.
- Rest breaks not offered at all or bundled into the meal break.
- Employers deducting break time from your paycheck when no actual break was taken.
- Being discouraged or retaliated against for taking breaks.
- “On-duty” meal breaks without a written agreement or valid reason.
None of these are legal under California labor law.
What About On-Duty Meal Breaks?
In rare cases, your job might make it impractical to be relieved of all duties. This is known as an on-duty meal break. These are legal only if:
- The nature of your work prevents you from being relieved, such as in emergency services or solo caregiving.
- There is a written agreement between you and your employer.
- The meal period is paid.
- You have the right to revoke the agreement at any time in writing.
Important: If you’re in this situation and your employer hasn’t followed these steps, your “on-duty meal break” is likely unlawful.
What If I Choose to Skip My Break?
You can choose to skip your break voluntarily, but the law is clear: your employer must still make the break available and must not discourage you from taking it.
Also, while you can waive a meal break under certain conditions, you cannot waive rest breaks. Employers are still on the hook for ensuring those happen.
And yes, your employer has the right to discipline you if you refuse to take breaks according to a company-approved schedule, but only if those breaks were lawfully offered in the first place.
What If My Employer Breaks the Law?
If your employer violates California’s break laws, here’s what you can do:
1. Call an Employment Lawyer
Malk Law Firm has helped hundreds of California workers recover unpaid wages, meal and rest break premiums, and damages for retaliation. If your employer is violating your rights, you don’t have to face it alone.
2. Document Everything
Keep records of:
- Your clock-in/out times,
- When (or if) you took breaks,
- Any written or verbal communication discouraging breaks.
3. Speak with HR (if safe)
Sometimes, violations happen because of poor training. A formal complaint to HR can sometimes resolve the issue.
4. File a Complaint with the California Labor Commissioner
The Labor Commissioner’s Office handles wage and hour violations. You may be entitled to back pay and penalties.
Penalties for Employers Who Violate Work Break Laws
California doesn’t mess around when it comes to labor law violations. Here’s what your employer could owe you:
- 1 hour of extra pay per day for each missed meal break.
- 1 hour of extra pay per day for each missed rest break.
- These penalties stack—so two missed breaks in a day = 2 hours of pay owed.
- Employees can go back three years to recover unpaid wages and penalties (and sometimes four years under certain legal theories).
- If your employer retaliated against you for asserting your rights, you could also be entitled to reinstatement, lost wages, and even punitive damages.
Break Laws Still Apply to Remote Workers
Even if you work from home, California break laws still apply. Your employer must:
- Schedule and track rest and meal breaks,
- Not pressure you to skip them,
- And compensate you for any violations.
Virtual work does not mean virtual rights.
Who’s Exempt from These Rules?
Some workers are exempt from California’s break laws. These include:
- Independent contractors (who are misclassified more often than you’d think),
- Certain salaried employees in executive, administrative, or professional roles (but only if they meet specific legal tests),
- Unionized workers whose contracts override state laws (though not always),
- Certain drivers, farmworkers, and healthcare workers under narrow exceptions.
But don’t assume you’re exempt. Many employers misclassify workers or use exceptions incorrectly. If you’re unsure, it’s time to ask a lawyer.
Know Your Rights. Use Them.
California break laws are there for a reason, to protect your health, your time, and your paycheck. If your employer isn’t following the law, they owe you more than an apology, they owe you compensation.
At Malk Law Firm, we fight for workers throughout Los Angeles and beyond. If your employer is violating your meal or rest break rights, contact us. You may have more power, and more money coming to you, than you think.
Call us today for a confidential consultation.
