In California, all non-exempt employees working over five hours a day are entitled to a meal break of at least 30 minutes. During this break, employers must relieve employees from all work duties and allow them to leave the work premises. This meal break should be provided before the employee completes their fifth hour of work, separate from the paid rest periods.
You may choose to waive this unpaid meal break if you are working less than six hours, given both you and your employer agree to the waiver.
Second Meal Break:
Should your workday exceed 10 hours, your employer is required to provide an additional 30-minute unpaid meal break. However, this right can be waived if you didn’t waive the first meal break, are working less than 12 hours, and both you and your employer mutually agree.
Missed Meal Breaks:
While employers are mandated to provide and encourage meal breaks, they aren’t required to enforce these breaks. If you were denied a meal break or forced to work during it, you are entitled to one hour of pay at your regular rate. You have a three-year window to claim these “unpaid wages” if your employer violates this law.
In some cases, job nature may not permit a standard meal break, leading to an agreed “on-duty” meal break. This agreement should be documented in writing, and such breaks should be compensated.
Have You Missed Meal Breaks? Contact The Law Offices of Kyle K. Lauby for a Free Consultation:
If your employer deprived you of proper meal breaks or failed to compensate for working lunches, reach out to The Law Offices of Kyle K. Lauby for a complimentary consultation. Our dedicated attorneys are here to uphold your employee rights. Contact us online or call us toll-free at 888-888-8888.
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