MISSED BREAKS
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California laws are very clear about rest periods and meal breaks. Employees are entitled to meal breaks and periodic rest breaks during their workday.
If you work at least 6-hours in a given shift, your employer must provide you a 30-minute meal break "no later than 5 hours into your shift". If you work 10-hours in a given shift, you are entitled to a second 30-minute meal break. Meal breaks can be an unpaid break if you are permitted to have an uninterrupted 30-minute duty-free period of time which you are at liberty to come and go as you please and have no employee responsibilities,
If you work at least 4-hours in a given shift then you are entitled to a 10-minute paid rest break. If you work 8-hours or more then you are entitled to a second rest break, plus a meal break.
Your employer may be required to pay you for your meal breaks if you are:
- Required to work through your meal breaks
- On duty, on call, or on standby during any of your breaks
- Required to stay on-site during your meal breaks
If you believe you are not being provided the breaks you are entitled to, SueMyCompany.com can help you understand your situation and explore available options.
We provide support and resources for workers throughout California, including Santa Ana, Ventura, San Diego, Riverside, San Bernardino, Orange County, and Los Angeles. Call today to schedule a free consultation and discuss your concerns.
Evidence & Proof Collection Tips
To support a missed breaks claim, employees should preserve relevant evidence such as:
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Timecards and work schedules
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Pay stubs and wage statements
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Written policies or employee handbooks
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Texts or emails discouraging breaks
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Coworker or witness statements
Consistent documentation strengthens your claim and limits employer defenses.
When Breaks Are Required
Break requirements depend on the length of the shift and job duties. Employees working more than five hours must receive a meal break, while rest breaks accrue throughout the workday. Failure to schedule or allow breaks properly may violate California Labor Code and wage orders.
Frequently Asked Questions
Can my employer require me to work through breaks?
No. Employers may not require or pressure employees to skip legally required breaks.
What if I choose to skip my break?
Voluntary waivers are limited and must meet strict legal requirements.
How far back can I recover missed break penalties?
Employees may recover premiums going back several years, depending on the claim type.
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