📋 What is a Meal Break Violation in California?
California has some of the strictest meal and rest break laws in the nation. Employers must provide employees with uninterrupted, duty-free meal periods and rest breaks. When employers fail to comply, employees are entitled to premium pay - one hour of pay at the employee's regular rate for each workday a meal or rest break was not provided.
California Meal Break Requirements
California Labor Code Section 512 establishes the following meal period requirements:
🍴 First Meal Period
30-minute meal break required for shifts exceeding 5 hours, must begin before the end of the 5th hour
🍴 Second Meal Period
Second 30-minute meal break required for shifts exceeding 10 hours, must begin before the end of the 10th hour
☕ Rest Break Requirements
10-minute paid rest break for every 4 hours worked (or major fraction thereof)
💰 Premium Pay Penalty
1 hour of pay at regular rate for each workday a compliant break was not provided
👍 What You Can Recover in Meal Break Violation Cases
- Meal period premium pay - 1 hour pay per workday meal break was missed or non-compliant
- Rest break premium pay - 1 hour pay per workday rest break was missed or non-compliant
- Waiting time penalties - Up to 30 days wages if final wages delayed (Labor Code 203)
- Wage statement penalties - Up to $4,000 for inaccurate pay stubs (Labor Code 226)
- PAGA penalties - Civil penalties of $100-$200 per pay period for Labor Code violations
- Interest - 10% annual interest on unpaid wages
- Attorney fees - Prevailing employees recover costs and fees
Common Meal Break Violations
🚫 Late Meal Breaks
▼Employers violate the law when they provide a meal period after the 5th hour of work (for the first meal) or after the 10th hour (for the second meal). Even if the break is eventually provided, providing it late triggers premium pay for that workday.
🚫 Short or Interrupted Breaks
▼Meal periods must be at least 30 minutes of uninterrupted, duty-free time. If an employer requires employees to remain on-call, answer phones, monitor equipment, or perform any work during the meal period, the break is non-compliant and premium pay is owed.
🚫 On-Duty Meal Periods Without Waiver
▼On-duty meal periods are only permitted when: (1) the nature of the work prevents relief from all duties, (2) there is a written agreement signed by both parties, and (3) the employee may revoke the agreement at any time. Without all three elements, the on-duty meal period is a violation.
🚫 Pressure to Skip or Shorten Breaks
▼Employers cannot discourage, impede, or pressure employees to skip meal periods. If management schedules insufficient time, assigns heavy workloads, or creates an environment where taking breaks is frowned upon, this can constitute a meal break violation even if no explicit policy denies breaks.
⚠ Time is Critical
Meal break claims are subject to a 3-year statute of limitations for penalty wages (or 4 years if claimed under Business & Professions Code 17200 for unfair competition). Document your violations now and act promptly to recover maximum compensation.
⚖ Legal Basis
California provides robust statutory protections for employee meal and rest breaks. These statutes and regulations support your claim.
Key California Statutes
California Labor Code Section 512 - Meal Periods
Requires a 30-minute meal period for employees working more than 5 hours, beginning no later than the end of the 5th hour. Requires a second 30-minute meal period for employees working more than 10 hours, beginning no later than the end of the 10th hour. Allows waiver of first meal period if shift is 6 hours or less; allows waiver of second meal period if shift is 12 hours or less and first meal was taken.
California Labor Code Section 226.7 - Premium Pay
Mandates that employers who fail to provide a meal period or rest period must pay the employee one additional hour of pay at the employee's regular rate of compensation for each workday that the meal or rest period is not provided. This is premium pay, not a penalty, and is treated as wages.
IWC Wage Orders - Rest Periods
Industrial Welfare Commission Wage Orders require employers to authorize and permit paid rest periods of net 10 minutes for every 4 hours worked (or major fraction thereof). Rest periods must be in the middle of each work period insofar as practicable. Employees cannot be required to work more than 3.5 hours without a rest period.
Brinker Restaurant Corp. v. Superior Court (2012)
Landmark California Supreme Court decision establishing that employers must "provide" meal periods but need not "ensure" employees take them. However, employers cannot impede, discourage, or prevent employees from taking meal periods. The employer satisfies its obligation if it relieves employees of all duty, relinquishes control, and permits a reasonable opportunity to take an uninterrupted break.
Rest Break Schedule
⏳ 3.5-6 Hours
One 10-minute rest break required
⏳ 6-10 Hours
Two 10-minute rest breaks required
⏳ 10-14 Hours
Three 10-minute rest breaks required
⏳ 14+ Hours
Four 10-minute rest breaks required
Key Timing Rules
- First meal period - Must be provided before the end of the 5th hour (by 4:59 into the shift)
- Second meal period - Must be provided before the end of the 10th hour (by 9:59 into the shift)
- Rest breaks - Should fall in the middle of each 4-hour work period when practicable
- Duty-free requirement - Employees must be relieved of ALL duties during meal periods
- Off-premises permitted - Employees must be free to leave the premises during meal periods
💡 Maximum Premium Pay Per Day
Under California law, an employee can recover a maximum of two hours of premium pay per workday - one hour for meal period violations and one hour for rest period violations. This is true even if multiple meal or rest breaks were missed in a single day (per Naranjo v. Spectrum Security Services).
✅ Evidence Checklist
Gather these documents before sending your demand letter. Click to check off items as you collect them.
🕐 Time Records
- ✓ Timesheets showing clock-in/out times
- ✓ Electronic time records or badge swipe data
- ✓ Meal period punch times (or lack thereof)
- ✓ Personal notes or calendar entries about breaks
💰 Pay Documentation
- ✓ All pay stubs showing hours worked and wages
- ✓ Evidence of regular hourly rate or salary
- ✓ Pay stubs showing (or not showing) meal premiums
- ✓ W-2 forms or year-end earnings statements
📄 Policy Documents
- ✓ Employee handbook meal/rest break policy
- ✓ Any signed meal period waiver agreements
- ✓ Work schedules showing shift lengths
- ✓ Emails or memos about break policies
👥 Supporting Evidence
- ✓ Names of coworkers with similar experiences
- ✓ Texts/emails showing pressure to skip breaks
- ✓ Photos of posted schedules or break policies
- ✓ Written complaints about breaks to HR
🔒 Request Your Time Records
Under Labor Code Section 226, you have the right to inspect and copy your payroll records, including time cards and meal period records. Your employer must provide these within 21 days of your written request. This is critical evidence for your claim.
💰 Calculate Your Damages
Meal and rest break violations can result in substantial recovery, especially when violations occurred over an extended period or affected multiple employees.
| Category | Description |
|---|---|
| Meal Period Premium | 1 hour of pay at regular rate for each workday a compliant meal period was not provided |
| Rest Period Premium | 1 hour of pay at regular rate for each workday a compliant rest period was not provided |
| Waiting Time Penalties | Up to 30 days of wages if premium pay not paid upon separation (Labor Code 203) |
| Pay Stub Penalties | $50 for first violation, $100 per subsequent violation, up to $4,000 (Labor Code 226) |
| PAGA Penalties | $100 per employee per pay period for initial violations; $200 for subsequent violations (75% to state, 25% to employees) |
| Interest | 10% annual interest on unpaid premium wages |
| Attorney Fees | Prevailing employees recover reasonable attorney fees and costs |
💰 Class Action and PAGA Potential
Meal and rest break violations often affect many employees and are prime candidates for class actions or PAGA claims. If your employer has a policy or practice that denies breaks to multiple workers, damages can multiply significantly. PAGA claims can result in $100-$200 penalties per employee per pay period.
📊 Sample Damages Calculation
Example: Hourly Employee at $25/hour, 2 years of violations, 5 days/week
💡 Premium Pay Cap Per Day
Remember: Even if you missed multiple meal breaks or multiple rest breaks in a single day, you can only recover one hour of premium pay for meal violations and one hour for rest violations per workday. Maximum is 2 hours premium pay per day.
📝 Sample Language
Copy and customize these paragraphs for your demand letter.
🚀 Next Steps
What to do after sending your demand letter and understanding your options for enforcement.
Filing Options
📌 Labor Commissioner Wage Claim
You can file a wage claim with the California Labor Commissioner (DLSE) for free. The Labor Commissioner will investigate and schedule a conference and/or hearing. This is often faster and less expensive than court. File online at dir.ca.gov/dlse or at any DLSE office. No attorney required.
Your Enforcement Options
Option 1: DLSE Wage Claim
Free to file, no attorney needed, Labor Commissioner investigates and holds hearing
Option 2: Civil Lawsuit
File in civil court, can seek full damages and attorney fees, longer process
Option 3: PAGA Claim
Representative action for Labor Code penalties, must give 65-day notice to LWDA before filing
Option 4: Class Action
If violations affected many employees, may qualify for class treatment with greater recovery
PAGA Notice Requirements
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File Notice with LWDA
Before filing a PAGA lawsuit, you must give written notice to the Labor and Workforce Development Agency (LWDA) and your employer describing the specific violations. File online at dir.ca.gov/PAGA.
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Wait 65 Days
The LWDA has 65 days to investigate. If they decline to investigate or don't respond, you can proceed with your PAGA lawsuit.
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File PAGA Lawsuit
After the 65-day period, file your PAGA claim in Superior Court. You are the representative plaintiff on behalf of all "aggrieved employees."
Need Legal Help?
Meal and rest break cases often involve complex calculations and can evolve into class actions. Get a 30-minute strategy call with an employment attorney to evaluate your case.
Book Consultation - $125California Resources
- CA Labor Commissioner (DLSE): dir.ca.gov/dlse - File wage claims, check deadlines
- DLSE Office Locator: dir.ca.gov/dlse/DistrictOffices.htm
- PAGA Filing: dir.ca.gov/PAGA - File PAGA notices online
- DLSE Hotline: 1-844-522-6734
- IWC Wage Orders: dir.ca.gov/iwc/wageorderindustries.htm
- State Bar Lawyer Referral: calbar.ca.gov