California Break Laws

California is one of the few states that not only requires employers to provide breaks, but also requires that employees be paid for some of this time. California requires employers to offer both a meal break and paid rest breaks. The California lunch break law is allegedly routinely violated by employers who force employees to work through lunch, who refuse to allow bathroom breaks or who dock paychecks or make workers clock out for breaks.

Overview of California Break Laws

California break laws
require employers to provide a 30-minute lunch break once the employee has worked five hours. An employer does not have to pay for this time. If the employee’s workday will be completed in six hours or less, the employee may consent to waive the right to a meal break.

An employee who works 10 hours is entitled to a second 30-minute unpaid lunch break. If the entire workday will not exceed 12 hours, the employee may waive the right to a second meal break. However, the second break may be waived only if the employee actually took the first break. However, an employee may not waive both breaks in one day.

If the nature of the job prevents employees from taking a break from all duties, employers may provide an on-duty meal period. However, this time must be paid, and the employee must agree to the on-duty break, in writing.

California break laws also require employers to provide rest breaks. Employers must allow employees to take a paid 10-minute rest break for every four hours (or major fraction) worked. If practical, these breaks must be provided in the middle of the work period. Breaks are not required for employees who total daily work time is less than three-and-a-half hours.

California Break Law Violations

California lunch break law violations are one of the most common employment abuses in the state. As many workers know, employers frequently assert pressure on employees to shorten, interrupt, or work through their lunch periods.

The California Labor Code prohibits employers from requiring employees to work during meal or rest periods. For example, if you have been working for more than 5 hours in a single workday, you are entitled to one 30-minute meal period. With regard to rest periods, you are entitled to a 10-minute break for every 4 hours you have worked. A penalty of an additional hour of pay at a regular rate must be given to you by your employer for every day it failed to provide you a meal or rest break.

Your employer may be obligated to pay you for your break:

• If you are required to work through lunch
• If you are on duty, on standby or on call for any part of your break
• If you are required to remain on the premises during your break
• If your lunch break qualifies as paid time, it also counts toward hours worked and overtime

Your employer cannot make you clock out or dock your pay for using the restroom or taking your rightful break time.

Supreme Court Ruling Regarding California Lunch Break Laws

In 2012, the California Supreme Court decided an important case about lunch and rest breaks. The Court found that employers have met their meal break obligation if they relieve employees of all duties for half an hour and allow employees to leave the worksite.

Employers may not pressure employees to work during their meal break, but they are not required to police employees to make sure no one works during a break. Additionally, the California Supreme Court ruled that employees can sue for violations of meal and rest break provisions going back a period of three years.

California Break Law Legal Help

Employees working for employers that operate their businesses in the State of California are entitled to their rights, especially with regard to matters concerning the state’s labor laws. The Fair Labor Standards Act (FLSA) and several California state laws govern the rights of employees to fair wages and working conditions.

Employers who cut corners and disregard these rights can be held legally accountable by employees not to mention the fact that they may face stiff penalties. Employers can be held accountable for one hour of pay for each day that meal or rest break rights were violated, plus any corresponding overtime pay.

If you are employed in the State of California and feel that your employer has violated the California lunch break law, you may qualify for damages that may be awarded in a possible class action lawsuit.