CA employer denying meal breaks - how to calculate premium pay owed?

I work at a warehouse in Los Angeles. Regular shift is 9 hours (8am-5pm). Management routinely denies meal breaks or tells us to "eat while you work" because we're short-staffed.

This has been going on for 8 months. I'd estimate I missed meal breaks about 3-4 days per week during that time.

I know California has strict meal break laws. What am I owed? How do I calculate it? And what's this PAGA thing I keep seeing mentioned?

California Labor Code Section 512 requires employers to provide a 30-minute meal break for shifts over 5 hours. For shifts over 10 hours, you're entitled to a second meal break.

When an employer fails to provide a compliant meal break, they owe you one additional hour of pay at your regular rate for EACH violation. This is called "premium pay."

So if you work $18/hour and missed a meal break, they owe you $18 for that day. This is in addition to your normal wages.

I make $19.50/hour. If I missed meal breaks 3 days/week for 32 weeks, that's like 96 violations?

96 violations × $19.50 = $1,872?

Is that right? That seems like a lot but also I've been getting screwed for months so maybe it's accurate.

Your math is correct. Each missed meal break = 1 hour of premium pay at your regular rate.

Important: There's a 3-year statute of limitations for meal break claims. Document everything you can remember - dates, how long you worked, whether you got a meal break.

Do you have any records? Time cards, schedules, text messages from managers about working through lunch?

Bro same thing happened at my old job. They tried to say "you could have taken breaks, you just chose not to" which is BS when they're threatening to fire people for being behind on quotas.

Document EVERYTHING. Screenshots of group chats, emails, schedules showing you worked through lunch. You'll need proof.

Re: PAGA - that's the Private Attorneys General Act. It allows employees to sue on behalf of the state for Labor Code violations.

Key differences between PAGA and individual claims:

• Individual claim: You sue for your own missed meal breaks. You get 100% of your recovery.
• PAGA claim: You sue for violations affecting ALL employees. 75% goes to the state, 25% split among affected employees. BUT you can recover penalties beyond just premium pay.

PAGA penalties for meal break violations are $100 per violation (first) and $200 per subsequent violation per employee. If your employer has 50 employees and is denying everyone meal breaks, the penalties add up fast.

We have about 80 employees across 2 shifts. Pretty sure this is happening to everyone, not just me.

I have our company Slack where the supervisor literally said "no lunch breaks today, we're behind schedule" multiple times. Also have photos of the schedule board showing 9-hour shifts with no break times marked.

Should I talk to a PAGA lawyer? Or just file an individual claim?

Those Slack messages are gold. Screenshot everything NOW before they potentially delete it.

Given the systematic nature (80 employees, supervisor directing no breaks), this is a strong PAGA case. You should consult with an employment attorney who handles PAGA claims.

Process for PAGA:

1. Send notice to employer and California Labor & Workforce Development Agency (LWDA)
2. Wait 65 days for LWDA to investigate (they almost never do)
3. File lawsuit in superior court

Most PAGA attorneys work on contingency (they take a percentage of recovery, no upfront cost to you).

As someone who works in HR (at a compliant company), this is a nightmare scenario for your employer.

They're likely also violating:

• Rest break requirements (10 min per 4 hours)
• Wage statement requirements (must show meal break premium if owed)
• Potentially overtime if those 9-hour shifts aren't paying OT for hour 9

Each violation compounds. This company is setting themselves up for a massive PAGA settlement.

Update: Screenshotted all the Slack messages. There are 14 separate instances of "no lunch today" or similar from supervisors.

Also checked my paystubs - we DO get overtime for hour 9, but there's no meal break premium listed anywhere.

Going to reach out to some PAGA attorneys. Any recommendations for LA area?

Can't give specific referrals here, but look for firms that specialize in wage and hour class actions and PAGA. Many of the big plaintiffs' firms in LA do these cases.

Things to ask during consultations:

• Have you handled PAGA meal break cases before?
• What's your contingency percentage? (typically 33-40%)
• How long do these cases typically take?
• What's the risk if we lose? (should be none - contingency means no fee if no recovery)

Also be aware: once you file PAGA, retaliation protections kick in. They can't fire you for asserting your rights. But document everything going forward just in case.

Final update: Met with an employment attorney Friday. She's taking the case on contingency as a PAGA representative action.

She estimated based on 80 employees over 2 years, if even half had similar violations, we're looking at potential penalties in the $500K+ range. Obviously the state takes most of that but still significant for the class.

They're sending the PAGA notice letter this week. 65-day wait period starts then.

Thanks everyone for the guidance. Will update as this progresses.

Circling back to this thread with an update on California meal break law: the courts just issued a new ruling in November 2025 clarifying that employers can't use "voluntary waiver" agreements to circumvent meal break requirements for shifts over 6 hours.

Some employers were trying to have employees sign waivers saying "I choose to skip my meal break." The court ruled those waivers are invalid unless the shift is exactly 6 hours or less.

If anyone is being asked to sign meal break waivers for 8+ hour shifts, those are likely unenforceable. Don't let employers pressure you into signing away your rights.