📋 California Meal Break Requirements
California has the strictest meal break laws in the nation. Employers must provide duty-free meal periods - and if they fail, they owe you premium pay for EACH violation.
Basic Meal Break Rules
First Meal Break
30-minute meal break required when you work more than 5 hours. Must start before the end of your 5th hour of work.
Second Meal Break
Another 30-minute meal break required when you work more than 10 hours. Must start before the end of your 10th hour.
Waiver Option (First Break)
First meal break can be waived by mutual consent if shift is 6 hours or less. Must be truly voluntary.
Waiver Option (Second Break)
Second meal break can be waived if shift is 12 hours or less AND first meal break was taken (not waived).
What Counts as a Violation
You are entitled to meal break premium pay if your employer:
- No meal break provided - You worked through without any break
- Late meal break - Break started after the 5th hour (or 10th for second)
- Short meal break - Break was less than 30 minutes
- Interrupted break - You were called back or required to work during break
- On-duty meal - Required to stay on premises or be available (without proper written agreement)
- Auto-deducted but not taken - Time deducted from pay but break wasn't actually provided
The "Provide" Standard
Brinker Restaurant Corp. v. Superior Court (2012)
The California Supreme Court clarified that employers must "provide" meal breaks, not just allow them. This means:
- Employer must relieve employee of all duties for 30 minutes
- Employer must relinquish control over employee's activities
- Employer must give reasonable opportunity to take uninterrupted break
- Employer is NOT required to ensure employee takes the break
However, if employer's practices make taking breaks impractical (understaffing, workload pressure, discouragement), that's a violation.
Timing Requirements
| Shift Length | Meal Break Requirement | Timing |
|---|---|---|
| 5 hours or less | No meal break required | N/A |
| More than 5 hours, up to 6 hours | One 30-min break (can waive) | Before end of 5th hour |
| More than 6 hours | One 30-min break (required) | Before end of 5th hour |
| More than 10 hours | Two 30-min breaks | First before 5th hour, second before 10th hour |
| More than 12 hours | Two 30-min breaks (both required) | First before 5th hour, second before 10th hour |
⚖ Legal Basis: California Meal Break Laws
California's meal break protections are among the strongest in the country, with mandatory premium pay for violations.
Primary Statutes
Labor Code Section 512 - Meal Periods
An employer shall not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes. A second meal period of not less than 30 minutes is required if the employee works more than 10 hours.
Labor Code Section 226.7 - Premium Pay
If an employer fails to provide an employee a meal period in accordance with an applicable order of the Industrial Welfare Commission, the employer shall pay the employee one additional hour of pay at the employee's regular rate of compensation for each workday that the meal period is not provided.
IWC Wage Orders
The Industrial Welfare Commission Wage Orders (specific to each industry) detail meal break requirements including timing, duration, and on-duty meal period rules. Most industries follow similar 30-minute, duty-free requirements.
Key Court Decisions
Brinker v. Superior Court (2012)
Employers must "provide" breaks by relieving employees of duty, but don't need to police whether breaks are taken.
Donohue v. AMN Services (2021)
Rounding policies cannot be applied to meal periods. Meal breaks must be exactly 30 minutes.
Naranjo v. Spectrum Security (2022)
Meal break premiums are "wages" and must be reported on pay stubs, triggering additional penalties if not.
Statute of Limitations
Three-Year Lookback Period
Under Code of Civil Procedure Section 338, you can recover meal break premiums for violations occurring within three years before filing your claim. If you file a lawsuit, this extends to violations within three years of the lawsuit filing date.
Example: If you file on January 1, 2025, you can claim premiums for violations back to January 1, 2022.
📂 Evidence for Meal Break Claims
Documenting meal break violations is crucial. Your employer is required to keep accurate time records - if they didn't, that works against them.
- Time records - Clock-in/out records showing actual work hours and meal break times
- Pay stubs - Show whether meal break premiums were ever paid
- Work schedules - Demonstrate expected shift lengths
- Personal log - Your own notes of when breaks were missed, late, or interrupted
- Emails/texts - Any communications showing you were called back from breaks or told to skip them
- Employee handbook - Company's stated meal break policy
- Coworker statements - Others who witnessed violations or experienced the same
- Staffing records - Evidence of understaffing that made breaks impractical
- Manager communications - Instructions about breaks, even informal
- Auto-deduction policy - Evidence employer automatically deducted meal time regardless of whether breaks were taken
Employer's Burden
California law requires employers to maintain accurate time records showing meal break start and end times. If the employer's records are missing, incomplete, or show consistent patterns (like exactly 30-minute breaks every day), courts may draw negative inferences against the employer.
Start Documenting Now
If you're still employed, start keeping a personal log:
- Date and shift start/end times
- Whether you got a meal break
- What time your meal break started and ended
- Whether you were interrupted or called back
- Reasons given for missed or short breaks
💰 Calculating Your Meal Break Damages
For each day you were denied a compliant meal break, you're entitled to one hour of pay at your regular rate. These add up quickly.
Premium Pay Calculation
The Formula
One hour of pay per workday per meal break violation
If you miss BOTH meal breaks in a day (first and second), you get two hours of premium pay for that day.
Maximum: Two hours of meal break premium per day (one for each required break).
Sample Calculations
Example 1: Regular Employee - First Meal Break Only
Hourly rate: $20/hour. Worked 5 days/week for 2 years. Missed first meal break 3 days/week on average.
Example 2: Long Shift Worker - Both Meal Breaks
Hourly rate: $25/hour. Worked 12-hour shifts 4 days/week for 1 year. Missed both meal breaks regularly.
Additional Damages
| Damage Type | Description | Amount |
|---|---|---|
| Wage Statement Penalties (LC 226) | If meal premiums weren't shown on pay stubs | $50 first, $100 subsequent, up to $4,000 |
| Waiting Time Penalties (LC 203) | If unpaid at termination | Up to 30 days' wages |
| Interest | 10% per year on unpaid premiums | Varies |
| PAGA Penalties | Civil penalties if filing PAGA claim | $100-$200 per employee per pay period |
| Attorney Fees | Recoverable if you prevail | Paid by employer |
📝 Sample Demand Letter Language
Use these paragraphs to build your meal break violation demand letter.
[DESCRIBE SPECIFIC VIOLATIONS - Examples:]
- I was required to remain on-call during meal periods and was frequently interrupted
- Meal breaks were routinely scheduled after my 5th hour of work
- Staffing levels made it impossible to take full 30-minute breaks
- Management discouraged taking meal breaks due to workload
- Time was automatically deducted for meals regardless of whether I actually received a break
These violations occurred approximately [NUMBER] times per week, totaling approximately [TOTAL NUMBER] violations during my employment.
My regular rate of pay was $[HOURLY RATE] per hour. Based on approximately [NUMBER] meal break violations, I am owed:
[NUMBER] violations x $[HOURLY RATE] = $[TOTAL] in meal break premium pay
Meal break premium pay: $[AMOUNT]
Interest at 10% per year: $[AMOUNT]
Wage statement penalties (LC 226): $[AMOUNT]
TOTAL DEMAND: $[TOTAL]
Please remit payment within 14 days of receipt of this letter. If payment is not received, I will pursue all available legal remedies including filing a wage claim with the California Labor Commissioner or a civil lawsuit, where I will also seek recovery of attorney fees under Labor Code Section 218.5.
I am prepared to resolve this matter without litigation if you respond promptly. Please contact me at [EMAIL/PHONE] to discuss payment arrangements.
Sincerely,
[YOUR NAME]
🚀 Next Steps
Follow this process to recover your meal break premiums.
Process Timeline
Filing Options
DLSE Wage Claim
Free to file with Labor Commissioner. Good for claims under $50,000. Hearing typically 6-12 months out.
Small Claims Court
Claims up to $12,500. Fast resolution. No attorneys. You represent yourself.
Civil Lawsuit
For larger claims. Attorney can take on contingency. Can recover attorney fees if you win.
PAGA Claim
Representative action on behalf of other employees. Potential for larger recovery but more complex.
Need Help With Your Claim?
Get professional guidance on calculating and recovering your meal break premiums.
Contact Us Rest Break Claims👥 When to Hire a Meal Break Attorney
Meal break violations often have straightforward calculations, but certain situations benefit significantly from professional legal help.
Handle It Yourself When:
✓ Small Number of Violations
You have records of 10-50 missed meal breaks with clear documentation and straightforward calculation.
✓ Clear Time Records
Your employer's time system shows exact clock-in/out times that prove violations occurred.
✓ Small Claims Eligible
Your total claim (premiums + penalties) is under $12,500, making small claims court a good option.
✓ Responsive Employer
The employer has acknowledged the violations or has a history of settling wage disputes.
Hire an Attorney When:
⚠ Pattern of Violations
You experienced systematic meal break denial for months or years, involving hundreds of violations.
⚠ Multiple Wage Violations
Meal breaks are combined with rest break, overtime, or other Labor Code violations - an attorney can maximize total recovery.
⚠ PAGA-Worthy Claims
Other employees experienced the same violations - a PAGA representative action can recover for all affected workers.
⚠ Employer Disputes Records
The company claims breaks were provided, uses auto-deduction, or has manipulated time records.
⚠ Large Employer
Companies with legal teams will aggressively defend - you need equal representation.
⚠ Retaliation Concerns
You're still employed and fear termination or adverse action for asserting your rights.
Benefits of Attorney Representation
- Contingency fees: Most employment attorneys take wage cases on contingency - no upfront cost to you
- Fee-shifting: California law requires employers to pay your attorney fees if you prevail
- Higher settlements: Represented employees typically recover 2-3x more than unrepresented
- Penalty stacking: Attorneys know how to add LC 226, LC 203, and interest penalties
- PAGA expertise: Representative actions require specific procedural knowledge
- Litigation leverage: Employers take represented claims more seriously
Not Sure If You Need an Attorney?
Take our free assessment to get a personalized recommendation based on your situation.
Take Free AssessmentContingency Representation Available
Many employment attorneys work on contingency for meal break claims. Since these cases often involve fee-shifting (the employer pays your attorney fees if you win), many lawyers take these cases with no upfront cost to you.