Do I Need a Lawyer for Meal & Rest Break Violations?

California Meal and Rest Break Laws

California has some of the strictest break requirements in the nation. Understanding these rules helps you determine if you have a valid claim and how much you may be owed.

California Break Requirements

Shift Length	Meal Breaks Required	Rest Breaks Required
0 - 3.5 hours	None	None
3.5 - 6 hours	None (optional waiver if exactly 6 hours)	One 10-minute break
5 - 10 hours	One 30-minute break (before 5th hour)	Two 10-minute breaks
10 - 14 hours	Two 30-minute breaks	Three 10-minute breaks
Over 14 hours	Two 30-minute breaks	Four 10-minute breaks

What You're Owed for Missed Breaks

Common Meal and Rest Break Violations

• Late meal breaks: Meal break must start before the end of the 5th hour
• Short meal breaks: Must be a full 30 minutes uninterrupted
• Working through lunch: Even if voluntary, employer must provide opportunity
• On-call breaks: If you must stay on premises or be available, it's not a true break
• No rest breaks: Rest breaks must be provided, not just allowed
• Rest break timing: Should be in the middle of each 4-hour period

Key Legal Points

• Employer must "provide": After Brinker v. Superior Court, employers must make breaks available but need not force employees to take them
• Cannot discourage breaks: Workload cannot be so heavy that breaks are impossible
• Meal breaks are unpaid: But must be completely free from duties
• Rest breaks are paid: 10-minute paid breaks
• On-duty meal periods: Only allowed when work nature prevents relief, with written agreement

When You Need an Attorney

• Systematic violations affecting multiple employees (class action potential)
• Claims exceeding $25,000
• Company-wide break policies that violate the law
• PAGA claims (Private Attorneys General Act penalties)
• Retaliation for complaining about break violations

When DLSE Is Sufficient

• Individual claims under $15,000
• Straightforward break violations with documentation
• Single employee affected
• Just seeking premium pay owed

Statute of Limitations

• Break premiums: 3 years
• UCL claims: 4 years (may allow longer recovery period)
• PAGA claims: 1 year

Documentation Tips

• Keep a personal log of missed breaks
• Save work schedules showing shift lengths
• Note any managers who denied or discouraged breaks
• Save texts/emails about working through breaks
• Gather names of coworkers with similar experiences
• Request your time records from employer

Resources

• File a Wage Claim with DLSE (Free)
• Unpaid Wages Demand Letter Generator
• Wage Theft Lawyer Assessment
• DLSE FAQ on Meal Periods
• DLSE FAQ on Rest Periods

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