As a dedicated employee in the state of California, it’s essential to be well-informed about your rights and protections under California’s labor laws. One of the most vital aspects of employment law that directly impacts you is meal breaks in California. At CIELO LAW FIRM, we are committed to ensuring that every employee understands their rights under these laws. That’s why we created our ‘Cielo Informs You’ initiative.
In this article, part of our ongoing effort to empower workers, we’ll break down everything you need to know about California meal break laws—from your entitlements to how to take action if your rights are violated.
What Do I Need to Know About Meal Break in California?
California Labor Code section 512 and the Wage Orders from the California Industrial Welfare Commission provide clear rules on meal breaks in California designed to protect employees’ health and well-being.
1. When Should You Take Your Meal Breaks in California?
If you work for more than five hours in a day, you have the right to an unpaid meal break of at least 30 minutes. This break should be given no later than the end of your fifth hour of work.
For shifts that exceed ten hours, you are entitled to a second unpaid meal break of at least 30 minutes. This second break should be provided no later than the end of your tenth hour of work.
2. Are Meal Breaks in California Optional?
No, meal breaks in California are not optional. They are a legal right. Employers must allow and not interfere with your right to take these breaks.
3. Understanding On-Duty Meal Periods Under California Meal Breaks Law
If your employer fails to comply with meal break laws in California, you are entitled to:
- An “on-duty” meal period will be counted as hours worked and paid for at your regular rate of pay.
- The nature of the work preventing an employee from being relieved of all duty is determined by objective criteria.
- Examples of jobs fitting this category include a sole worker in a coffee kiosk, a sole worker in an all-night convenience store, and a security guard stationed alone at a remote site.
4. What to Do If Your Employer Denies Your Meal Breaks in California
Yes, there is something you can do if you are covered by the meal period requirements of the law. If your employer fails to provide the required meal period, you are entitled to receive one hour of pay at your regular rate of compensation (commonly known as meal period premium pay) for each workday that the meal period is not provided.
- This means that if your employer denies you a meal break, they must compensate you for the missed break by paying you an additional hour’s wage for that day.
- If your employer fails to pay the additional one-hour’s pay, you have the option to file a wage claim with the Division of Labor Standards Enforcement (Visit “Useful Government Links for California Workers” to file a Wage Claim)
5. Can You Work Through Your Meal Break in California to Leave Early?
Working through your meal period does not entitle you to leave work early before your scheduled quitting time. In order for an “on-duty” meal period to be permitted under the Industrial Welfare Commission Wage Orders, the nature of the work must actually prevent the employee from being relieved of all duty, and there must be a written agreement that an on-the-job paid meal period is agreed to. Additionally, the written agreement must also state that the employee may, in writing, revoke the agreement at any time.
6. Employer Requirements Regarding Staying on Premises During Meal Breaks in California
Your employer can require that you remain on its premises during your meal period, even if you are relieved of all work duties. However, if that occurs, you are being denied your time for your own purposes, and, in effect, remain under the employer’s control. Therefore, the meal period must be paid. Minor exceptions to this general rule exist under IWC Order 5-2001 regarding healthcare workers. Pursuant to the Industrial Welfare Commission Wage Orders, if you are required to eat on the premises, a suitable place for that purpose must be designated. “Suitable” means a sheltered place with facilities available for securing hot food and drink or for heating food or drink, and for consuming such food and drink.
7. How to Protect Your Rights When Denied Meal Breaks in California
If your employer is not providing you with proper meal breaks according to California labor law, take these steps:
Talk to Your Employer: Start by discussing the issue with your employer, supervisor, manager or HR department.
Keep Records: Maintain a record of missed or shortened breaks, including dates and times. If they interrupted your meal breaks with work-related text messages or calls, keep records of them on your calendar or journey.
Seek Legal Advice: Consider consulting an employment attorney for guidance and potential legal action.
File a Wage Claim: If necessary, file a wage claim to address violations and recover unpaid wages.
8. Your Rights Against Retaliation for Asking About Meal Breaks in California
If your employer discriminates or retaliates against you in any manner whatsoever, such as discharging you because you asked about not getting a meal period, objected to what you believe to be an illegal practice, or because you filed a claim or threatened to file a claim with the Labor Commissioner or the Civil Rights Department (CRD), you can take action (Visit “Useful Government Links for California Workers” to file a Retaliation Complaint)
- You can file a discrimination/retaliation complaint with a government entity.
- Alternatively, you can file a lawsuit in court against your employer to protect your rights.
Keeping Records of Communications
Remember that documenting your experiences and maintaining a written record of your complaints and interactions with supervisors and HR are critical steps in building a strong case. These records can provide the evidence needed to support your claims and protect your rights. After discussing your meal break rights with your supervisor or HR verbally, it’s advisable to send them an email summarizing your understanding of the conversation.
Maintain a record of all communication related to your complaints. This includes emails, letters, or notes from meetings or conversations with supervisors, HR representatives, or any other relevant parties. Having a clear record of your efforts to address the issue is vital.
Fighting Retaliation & Discrimination Together
If you or someone you know has experienced workplace retaliation and/or discrimination, please don’t hesitate to contact Cielo Law Firm for legal assistance. Your rights matter, and we are here to help you protect them. Reach out to us via our contact page, WhatsApp, or just give us a call at 949-556-3677 and let us be your advocate for justice and workplace equality.
Click here to read more about “Protected Classes, Workplace Discrimination, and What to Do if You’re a Victim”
Connect with us on LinkedIn: Cielo Dei Voluntas Law Firm
Cielo & Dei Voluntas Law Firm
* About Us *
We understand that every case is unique, and we take the time to thoroughly review the facts and develop a tailored strategy to ensure the best possible outcome for our clients. We are committed to a high standard of legal excellence and strive to provide the highest level of client service.
Our lawyers are dedicated to providing personalized and attentive service to help our clients understand their legal rights. We are passionate about advocating for our clients and helping them to achieve the best possible outcome.
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Tel: (949) 556 – 3677
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