California Lunch Break Law 2024 – All You Need to Know

By: Nicholas J. Ferraro | March 16, 2023 | Employment Law

Under California labor codes, rest and meal breaks must be provided by employers for nonexempt employees. How many breaks employees are entitled to depends on the length of their shift and whether or not they have already waived breaks. Knowing the California lunch break law in 2024 is essential.

Meal Breaks

Nonexempt California employees must be given a meal or lunch break for a minimum of 30 minutes for shifts longer than five hours. This break is unpaid, uninterrupted, and must begin before the end of your fifth hour of work. This break can be waived if your work day isn’t longer than 6 hours.

If you work more than 10 hours in one workday, you must receive a second 30-minute unpaid meal break. This meal break can be waived, provided:

• You don’t work for more than 12 hours that workday
• You didn’t waive your first meal break

In order to remain unpaid, meal or lunch breaks must meet certain requirements.

Rest Breaks

Rest breaks are at least a ten-minute period of paid rest for every four hours of work. If an employee works a four-hour shift, they are allotted one rest break and two after working eight hours. Ideally, these breaks are taken in the middle of the four hours, if practical.

Rest periods aren’t required for employees who work under 3.5 hours in a workday.

Depending on the shift a nonexempt employee is working, they may be entitled to both multiple rest breaks and multiple meal breaks. Your employer can’t require you to combine all your breaks into one break or discourage you from taking breaks. However, you can choose to waive certain breaks.

When Are Employees Entitled to Meal and Rest Breaks?

Most nonexempt employees are those who earn weekly wages, although there are exceptions. Exempt employees are entitled to meal breaks but not rest breaks. Exempt employees generally must meet these requirements:

• They earn a monthly salary at least twice the minimum wage for full-time employment
• Their job duties require regular use of discretion and independent judgment
• More than half their work is administrative, managerial, professional, or executive

Some workers have different rest and meal break laws, including domestic employees and farm employees. Employees who perform their job duties outside have the right to take a cool-off break in the shade whenever they need. This is to protect employees from heat illness.

These break laws also do not apply to independent contractors and some employees in the healthcare industry. Meal break requirements also don’t apply to unionized industries that have collective bargaining agreements for a separate schedule. These industries include:

• Construction
• Commercial drivers
• Security officers
• Movies and motion pictures
• Electrical or gas companies

What Is a Valid Meal or Rest Break?

Employers can only claim they have provided the legally mandated break if the break:

• Is uninterrupted
• Relieves the employee of all their work duties
• Allows the employee the ability to leave the worksite for meal breaks
• Isn’t discouraged or prevented by the employer

Your breaks only count and are unpaid if they meet these requirements. If your employer requires you to work during your breaks or to remain “on-call,” that’s illegal for most occupations. This is the same as refusing your mandated breaks.

Employers don’t have to force an employee to take a meal or rest break. They only have to provide a reasonable opportunity for an employee to take a break. Taking a break and choosing to do or not do work on that break is up to the employee.

On-duty meals are necessary for some industries. You can only be required to work on your meal break if the nature of your work requires it, and it must be paid. This includes being the only person on duty. You can also be allowed on-duty meal breaks if the employer and employee have a written waiver to allow it. This can be revoked by the employee at any time.

California’s Meal and Rest Laws

California’s employment laws are relatively strong when compared to those of numerous other states. Many of California’s laws are designed to ensure workers are treated fairly and ethically on the job.

However, some employers don’t necessarily abide by all applicable laws and regulations. You need to be familiar with your rights as an employee to avoid unfair treatment in the workplace.

California has specific laws regarding how much time employees should be permitted to spend on breaks and meals. The following overview will cover what you need to know about these statutes. If you believe your rights as an employee are being violated, get in touch with a California meal and rest breaks attorney to address the situation properly.

Meal and Rest Breaks

There is no universal rule regarding how much time employees must allow workers to devote to meal breaks and rest breaks in California. The law varies depending on the length of an employee’s shift.

As of this writing, the basics of the law are as follows:

• Employees who work more than five hours per day must be provided with a meal period of at least 30 minutes (although both employer and employee can waive this meal period if the total work shift is no more than six hours per day)

• Employees who work more than 10 hours per day must be provided with at least two meal periods of at least 30 minutes each (although the second meal period can be waived by both employer and employee if the total work shift is no more than 12 hours per day)

Employers and supervisors are not allowed to interrupt an employee’s break. For example, suppose you are taking a meal break and a supervisor demands that you respond to a work-related email. In this case, they are not permitted to take disciplinary action against you if you refuse to comply with their demands.

Meal breaks are not the only types of breaks that employees may be entitled to in California. Specifically, for every four hours that you spend working, you may take a 10-minute break from work that doesn’t have to overlap with a meal break. Employees are advised to take these breaks during the middle of four-hour spans of work. It’s also best if they take said breaks in areas of their workplace that are separate from where they tend to perform their work-related tasks.

Waiving Breaks in California

Again, there are instances when employees and employers in California can choose to waive a meal break. This is not something that should happen often. Ideally, employees and their supervisors will only agree to waive the right to a break if taking a break would unreasonably prevent an employee from completing an essential task. Don’t let an employer abuse this loophole too often.

How an Employee Can Respond After a Missed Meal Break

As an employee, if you are not given your required lunch break at work, it can be challenging to know how to respond. The following is a guide for the steps you can take to ensure your fair and just treatment in the workplace.

• Document the Issues: Keep a detailed record of the instances where the lunch break was missed or not provided. Note specific dates, times, and any communication with supervisors or colleagues related to the missed breaks. If possible, gather any relevant evidence, such as emails, messages, or time records, that demonstrate the lack of breaks.
• Review Company Policies: Check the company’s employee handbook or policies regarding meal breaks. Ensure that you are familiar with the company’s procedures and legal requirements for breaks. It is vital that, as a worker, you familiarize yourself with federal and state labor laws regarding meal breaks. In California, for example, employees are generally entitled to a meal break if they work more than 5 hours in a shift.
• Communicate With Your Employer: Inform your direct supervisor or manager about the missed lunch breaks. Clearly explain the issue and refer to the company’s policies or legal requirements as needed. Request that the company comply with meal break regulations and provide the necessary breaks as required by law.
• Follow Formal Company Procedures: If informal communication does not resolve the issue, it is important to submit a formal written complaint to the HR department or through the company’s grievance process. Make sure to follow up to ensure your complaint is being addressed and ask for confirmation of any corrective actions that will be taken.
• Seek Legal Advice: If the issue persists and you are not receiving the required breaks, consult with an employment lawyer who practices labor law. They will provide guidance on your legal rights and potential action you can take after an initial consultation learning your circumstances. An employment lawyer can help you evaluate whether you have a case for a labor law violation and advise on an ideal course of action that uplifts your rights and fights for justice.
• File a Complaint With Government Agencies: If the issue remains unresolved, you can file a complaint with the appropriate government agencies, such as the California Division of Labor Standards Enforcement (DLSE). They will investigate the issue and take enforcement actions if necessary. The U.S. Department of Labor (DOL) addresses issues relating to federal labor laws, including wage and hour disputes. Another option is to look into Employee Assistance Programs (EAPs), as they provide support and resources for any employee who is dealing with a work-related issue.
• Consider Your Alternative Actions: Depending on the specific situation, consider discussing flexible work arrangements or other solutions with your employer that may help to address the issue while ensuring compliance with legal requirements. Be aware of your rights under the labor laws that protect you and ensure you receive fair restatement in your workplace.

By taking these steps, you can help ensure that your rights are protected, which can lead to a resolution of the issue while maintaining professional and legal standards.

Penalties for Violating California’s Meal and Rest Break Laws

An employer may face fines if they are found to be in violation of California’s meal and rest break laws. However, when serious violations occur, they may even face civil consequences.

Employers must often provide some form of restitution to employees who have been deprived of breaks they deserve under California law.

Just be aware that proving an employer has violated California’s relevant labor laws can require conducting an investigation into the matter. You may not be prepared to do so on your own. This is one of the many reasons you should consider reviewing your case with an attorney.

If you suspect your employer has been unfairly preventing you from taking breaks, or if you have been punished by an employer because you have elected to take your breaks, it’s wise to discuss the circumstances with a lawyer. They can help you determine whether taking legal action is necessary. They can also protect you from future abuses of power.

FAQs About California Lunch Break Laws

Actions To Take If You Aren’t Provided Breaks

If your employer fails to provide you with rest and meal breaks or actively discourages you from taking them, you can file a claim against them. An experienced wage and hour attorney can provide you the representation you need to file a successful claim and get the compensation you earned. At Ferraro Vega San Diego Employment Lawyers, we are well-versed in the state’s labor code and employment law and want to use that knowledge to fight for workers’ rights. Contact our team today.