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" under LC 226.7.

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 x $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.

Following this thread bc Im in a similar situation. Quick question - what about "on-duty" meal periods? My employer makes us sign these agreements saying we agree to on-duty meals because "the nature of the work prevents relief."

I work at a front desk and they say someone has to be there at all times so I eat at my desk while answering phones. Is that legal?

@SarahM_OC - On-duty meal periods are only valid under very limited circumstances. Per Labor Code 512(a), they're allowed ONLY when:

1. The nature of the work prevents the employee from being relieved of all duty
2. There's a written agreement that's revocable by the employee
3. The on-duty meal period is PAID

The key question: is there genuinely no way to provide coverage? If they could hire a second person or have someone cover for 30 mins but choose not to, the on-duty agreement is likely invalid.

Also - are they paying you for that meal period? If you're eating at your desk while working but they're deducting 30 mins from your time, that's definitely a violation.

They DO deduct 30 minutes from my time even though I'm answering phones and helping customers walk in. And there's definitely other employees who could cover - they just don't want to pay someone to do it.

Wow. 3 years of this... that's a lot of premium pay.

Just want to share my success story to give people hope. Similar situation - worked at a distribution center in San Diego where we rarely got full 30 min breaks.

Filed a DLSE complaint in March 2024. Had my hearing in November 2024. Got a judgment for $8,247 in meal break premiums plus waiting time penalties because I'd already quit by then.

The company tried to appeal but then settled for the full amount plus my attorney fees (I hired one after the initial DLSE filing). Check came last month.

Document everything. The Labor Commissioner takes this seriously.

@MikeG_SD that's awesome, congrats! Quick question - how long did the whole DLSE process take from filing to getting paid?

I'm debating between DLSE and going straight to a PAGA attorney.

About 14 months total from filing to check in hand. Breakdown:

• Filed complaint: March 2024
• Initial conference: June 2024
• Bauer hearing scheduled: November 2024
• Judgment issued: December 2024
• Appeal filed by employer: January 2025
• Settlement reached: May 2025
• Payment received: June 2025

DLSE is free but slow. If your case is bigger (80 employees like you mentioned), PAGA might be better because attorneys will fight harder for larger settlements and you have more leverage. Just my 2 cents.

Side note for anyone reading - rest breaks are a separate violation from meal breaks. You can have BOTH claims.

Rest breaks: 10 minutes per 4 hours worked. Premium pay is also 1 hour at regular rate for each violation.

So if you missed both a meal break AND a rest break on the same day, that's 2 hours of premium pay owed.

A lot of people forget about rest breaks because meal breaks are more obvious. But if your employer is denying meals, they're probably denying rest breaks too.

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.

Great news! A few things to expect during the 65-day period:

• The employer will almost certainly hire defense counsel immediately
• They may try to "cure" violations by suddenly becoming compliant and offering backpay
• Some employers reach out to settle before litigation even starts
• Do NOT discuss the case with management or HR - let your attorney handle all communications

Stay focused, keep documenting, and don't let them intimidate you. Retaliation is itself a separate violation.

Jumping in here - I was part of a PAGA settlement last year at a retail chain. Just want to set realistic expectations.

The settlement was $1.2M total. After attorneys fees (35%), admin costs, and the 75% to the state, about 200 employees split roughly $150K. I got around $800 for 2 years of violations.

Still worth it - that's money I wouldn't have had otherwise. But PAGA is more about forcing the company to change than making individuals rich. If you want maximum personal recovery, individual claims or DLSE might be better.

@LisaT_Fresno that's a good point. For anyone reading - you can often do BOTH. File your individual claim AND be part of the PAGA action.

The PAGA is for penalties, your individual claim is for your actual premium pay owed. They're technically different pots of money.

Some attorneys will run them together. Ask about this during your consultation.

Horror story time: I worked at a tech company cafeteria in San Jose. 12-hour shifts during events, no meal breaks, no rest breaks. Manager literally said "breaks are for people who cant handle the pace."

I documented everything for 6 months. When I finally quit and filed with DLSE, they investigated and found violations for EVERYONE in the food service department - 15 people.

The company tried to claim we were "exempt" because we were in food service. The DLSE deputy laughed at their attorney. Food service workers are the DEFINITION of non-exempt.

My individual settlement: $12,400. And the company had to change their entire break policy. Worth every uncomfortable moment of documenting.

Question for the attorneys - does it matter if you're part-time vs full-time? I work 6-hour shifts and they always schedule me 5.5 hours so they say I don't get a meal break.

But here's the thing - I almost ALWAYS work past 5.5 hours because they ask me to stay late. Sometimes 6, 6.5 hours. But since I was "scheduled" for under 6 hours they say no break.

Is that legit?

@CarlosM_Bakersfield - Absolutely not legit. The meal break requirement is based on ACTUAL hours worked, not scheduled hours.

If you work more than 5 hours, you're entitled to a meal break. Period. It doesn't matter what you were "scheduled" for.

This is actually a common tactic - schedule people for 5.5 hours, make them stay longer, then claim no break was required. Courts see right through this.

Check your time records. Every shift over 5 hours where you didn't get a meal break = 1 hour premium pay owed.

Late vs early meal breaks - anyone know if timing matters?

We work 8-hour shifts. They give us a meal break but not until the 6th hour. So we work 5+ hours before getting any break. I thought you had to get your first meal break before the end of the 5th hour?

@NightShift_Tony - Yes, timing absolutely matters. Under LC 512, the first meal period must be provided no later than the end of the 5th hour of work.

So if you start at 8am:

• 8am-9am = hour 1
• 9am-10am = hour 2
• 10am-11am = hour 3
• 11am-12pm = hour 4
• 12pm-1pm = hour 5

Your meal break must START by 1pm (end of hour 5). If they're giving you a break at hour 6, that's a violation - you're owed premium pay.

This is a sneaky violation because technically you "got a break" but it was late. Still counts as a violation.

Pro tip for documentation that helped my case:

I started texting myself every day when I should have gotten a break but didn't. Just a quick "no lunch break today, worked straight thru" with timestamp.

Those text messages were time-stamped evidence that was really hard for my employer to dispute. My attorney said it was some of the best documentation she'd seen from a client.

Also took photos of the clock when I clocked in and out. Belt and suspenders approach.

@AmyK_Irvine That's genius. Email to yourself works too - creates a timestamp in your email server that's very hard to fake.

Another tip: if your company uses time tracking software, request your full time records under Labor Code 226. They have to provide copies within 21 days. Those records can show patterns of working through meal times.

Quick update - we're now in the 65-day waiting period. The company hasn't said anything officially but my supervisor pulled me aside and said "I heard there's some kind of legal thing happening, you should be careful."

I recorded the conversation on my phone (CA is two-party consent but I was one party so it's legal right?). Forwarded to my attorney.

Pretty sure that counts as intimidation/retaliation?

@WarehouseWorker_LA - Good catch, but quick correction: California is a TWO-PARTY consent state, meaning ALL parties must consent to recording. Recording a conversation without the other person's knowledge is illegal in CA.

However, that comment from your supervisor could still be evidence of retaliation. Document it with date, time, exact words used, and any witnesses. Your attorney can use this even if the recording itself isn't admissible.

Retaliation adds significant value to your case under LC 1102.5 (whistleblower protection) and can result in additional penalties.

Oh crap, thanks for the correction. Deleted the recording. Will stick to written notes from now on.

Attorney already knows about the conversation though so we can still use the substance of what was said.

I filed my own DLSE complaint 3 months ago and still waiting for initial conference. Anyone know how to check status? The website doesn't show anything.

Also - for people considering DLSE vs PAGA - I went DLSE because I didn't want to wait for 50 other employees to get paid first. My claim is around $4,500 in meal break premiums. Not huge but it's MY money.

@RobertoJ_LongBeach You can call the DLSE office that's handling your claim directly. The number should be on your acknowledgment letter.

In my experience, conferences are running 3-4 months out from filing. Actual hearings are 8-12 months out. COVID backlog is still affecting them.

$4,500 is definitely worth pursuing. That's real money.

What about meal break waivers? My company has us sign a form saying we "voluntarily waive" our second meal break on 10+ hour days. Is that even legal?

I work in healthcare (not a nurse, admin staff) and we do 12-hour shifts. They say because we signed the waiver, they dont owe us the second break.

@JennyW_Sacramento - The second meal break CAN be waived, but only under specific conditions:

1. Total hours worked don't exceed 12
2. The first meal break was not waived
3. Both employer and employee mutually consent in writing

Key question: Was the waiver truly voluntary? If they pressured you to sign, or if signing was a condition of employment/scheduling, the waiver may be invalid.

Also, even with a valid waiver, you're still entitled to that first meal break by end of hour 5. If you're working 12 hours with only 1 meal break at hour 6+, there might still be a late meal break violation.

Construction worker here. Our foreman says meal breaks "don't apply" on job sites because of safety reasons - can't just stop in the middle of pouring concrete etc.

Is that true? I've been missing breaks for years because of this. Starting to think its BS.

@MarkW_Construction - That is 100% BS. Construction workers are absolutely entitled to meal and rest breaks under California law.

There's no "construction exception" to LC 512. While there might be moments where you can't immediately stop (finishing a pour), the employer must SCHEDULE work so that breaks are possible.

If they're scheduling pours that take 6+ hours without any break opportunity, that's a planning failure on their part, not an excuse to deny you breaks.

Construction has some of the highest rates of meal break violations in CA. There have been several large PAGA settlements in this industry.

UPDATE: I was the lead plaintiff in a PAGA case filed in 2024. We just got our settlement approved!

Retail company, 150 employees, meal and rest break violations across 40 locations statewide. Settlement: $2.1 million.

After attorney fees and LWDA share, the employee fund is about $340K split among roughly 500 current and former employees. Checks should go out in about 60 days.

For anyone on the fence about PAGA - it works. It took 18 months but we got there. And the company had to implement completely new break policies.

Congrats @BrianN_PAGA_plaintiff! That gives me hope.

We're at day 45 of our 65-day waiting period. Still employed, no more weird comments from supervisors, but definitely some side-eye from management.

Interestingly, they suddenly posted a new "break policy" in the break room last week. First time I've EVER seen that in 2 years. Guess they're trying to start complying now. Too late for all the past violations though.

@WarehouseWorker_LA That's super common. Once companies get the PAGA notice, they scramble to become compliant.

Take photos of that new policy! It's actually helpful evidence - shows they knew how to comply, they just chose not to before. Also shows consciousness of guilt.

In our case, they tried to argue "we always had a policy!" Then we showed the dated photo of when the policy was posted - 3 days after the PAGA notice. Judge didn't buy their argument.

Healthcare workers - we have special rules! Just want to make sure people know.

Under the Healthcare Worker Meal Period waiver rules, hospitals can implement on-duty meal periods but ONLY with a valid written agreement that employees can revoke.

My hospital tried to make all nurses sign mandatory on-duty meal waivers as a condition of employment. That's not legal - the waiver has to be voluntary.

We got a class certified and settled for $3.8M last year. The waivers were found to be coerced because nurses were told "sign or find another job."

Quick question that I haven't seen addressed - what if you're salary exempt? My company says salary employees don't get meal breaks because we're "exempt."

I make $52k/year as an "assistant manager" at a retail store but I don't actually manage anyone. I stock shelves and run the register just like the hourly people but they call me a manager.

@KristenM_SantaAna - This is HUGE. You might be misclassified, which opens up a whole other can of worms.

To be a true "exempt" employee in CA under the executive exemption, you must:

1. Earn at least 2x minimum wage ($66,560/year in 2025)
2. Spend 50%+ of your time on management duties
3. Actually supervise 2+ employees
4. Have authority to hire/fire or effectively recommend such

If you don't manage anyone and spend your time stocking/cashiering, you're likely misclassified as exempt. That means you're owed:

• Overtime for all hours over 8/day or 40/week
• Meal and rest break premiums
• Potentially waiting time penalties

Please consult an employment attorney. Misclassification cases can be worth substantial amounts. If you want to start documenting, there's a helpful unpaid wages guide that covers some basics.

Oh wow. I had no idea. I've been at this job for 3 years working 50+ hour weeks with no overtime because I thought managers don't get OT.

Going to start documenting and find a lawyer. Thank you so much.

UPDATE: 65 days passed, LWDA didn't respond (as expected), lawsuit filed in LA Superior Court yesterday!

My attorney says the company's lawyers already reached out to discuss "early resolution." They're definitely scared. She said first offers in these cases are usually lowball but it's a good sign they want to talk.

Will keep this thread updated as things progress.

Good progress! Quick note for everyone following - early settlement discussions are normal but be patient. First offers are often 10-20% of what the case is actually worth.

The real leverage comes after discovery when the company has to turn over all their time records and policies. That's when they realize how exposed they are.

PAGA cases typically settle 12-24 months after filing. Sometimes faster if the evidence is overwhelming (like those Slack messages).

Niche question - I work at a call center. We're supposed to get breaks but we get penalized on our metrics if we're not "available" enough. So technically we CAN take breaks but our performance reviews tank if we do.

Is that a violation even though they technically "allow" breaks?

@NancyN_Riverside - Yes, that's likely a violation. California law requires employers to actually PROVIDE breaks, not just theoretically allow them.

If the work environment creates pressure that makes taking breaks practically impossible (like metric penalties), courts have found that's the same as not providing breaks.

The landmark case is Brinker Restaurant Corp. v. Superior Court. Employers must "relieve employees of all duties" during breaks. If you're penalized for actually taking the break, you're not truly relieved of duty.

Call centers are notorious for this. There have been several class actions against major call center operators in CA.

Just got my settlement check from a DLSE claim I filed last year. $3,847.50 for meal break violations plus waiting time penalties.

Timeline for anyone curious:

• Filed: October 2024
• Conference: February 2025
• Hearing: July 2025
• Decision: August 2025
• Check: October 2025

About 12 months start to finish. Worth every bit of the effort. Used the meal break demand letter as a starting point for understanding my rights before filing.

What about truckers? I drive local delivery in CA (home every night). My company says DOT rules override CA meal break laws.

I'm driving a box truck under 10,001 lbs so I don't think I even need a CDL. Are they right about the exemption?

@SteveL_Trucking - This is complicated. The motor carrier exemption (which would override CA meal break law) generally applies to drivers who:

1. Operate vehicles over 10,001 lbs OR transport hazmat
2. Are involved in interstate commerce

If you're driving under 10,001 lbs AND staying within California, you likely ARE covered by CA meal break laws.

However, there's been a lot of litigation on this issue. Some companies try to stretch the exemption. I'd recommend consulting with an attorney who specializes in transportation industry wage claims.

Important: even if the federal exemption applies to meal breaks, CA rest break requirements might still apply. It's a complex area.

Another update: We're now in discovery phase. The company had to turn over 2 years of time records for all employees.

My attorney says the records show a clear pattern - almost nobody was clocking out for meal breaks, confirming what we alleged. She's "very pleased" with what she's seeing.

They made another settlement offer. Still too low according to my attorney but it's 3x what they offered initially. She rejected it and countered.

Also - two former supervisors have apparently reached out to my attorney willing to testify about the break policies. They left the company on bad terms and want to help.

@WarehouseWorker_LA that's huge about the former supervisors! Insider testimony is gold in these cases.

My case settled right after a former manager agreed to be deposed. Once the company realized someone with authority was going to testify about the deliberate policy violations, they suddenly wanted to settle.

Sounds like youre building a really strong case. Rooting for you!

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.

Found this thread while researching my own situation. Super helpful.

My question: what if I signed an arbitration agreement when I got hired? Does that affect meal break claims?

My company has a mandatory arbitration clause. I'm worried I can't do PAGA or file with DLSE because of it.

@AngelaP_Glendale - Great question. This is a hot topic right now.

For DLSE claims, arbitration agreements generally don't apply. You can always file a wage claim with the Labor Commissioner regardless of any arbitration agreement.

For PAGA, it's more nuanced. After the Viking River Cruises decision and subsequent California cases, individual PAGA claims might be subject to arbitration, but the "representative" portion (on behalf of other employees) typically stays in court.

However, recent CA Supreme Court decisions have been more protective of PAGA claims. This area of law is actively evolving.

Bottom line: Don't assume an arbitration agreement bars all your options. Consult with an attorney who can review your specific agreement.

UPDATE: Settlement reached!!! After mediation last week, we agreed on terms.

I can't disclose the exact amount until court approval (probably 60-90 days), but my attorney says it's in the "top 25%" of PAGA meal break settlements she's seen for a company this size.

The company also agreed to:

• Implement meal break tracking software
• Mandatory supervisor training on break requirements
• Quarterly compliance audits for 2 years

From first post to settlement: about 6 months. Faster than expected. Those Slack screenshots really helped.

THANK YOU to everyone in this thread who gave advice. Could not have done this without the guidance.

Congratulations @WarehouseWorker_LA! This is exactly how the system should work. Employee documents violations, gets legal help, company is held accountable, policies change.

The compliance measures are arguably more valuable than the money. Your former coworkers will actually get their breaks now. That's a real impact.

Thanks for updating this thread throughout. It'll help a lot of people in similar situations.

LETS GOOOO!!! Congrats man! 6 months is crazy fast for PAGA.

Those Slack screenshots were clutch. Let this be a lesson to everyone - DOCUMENT DOCUMENT DOCUMENT. Supervisors putting violations in writing is basically handing you a winning case.

Update on my DLSE claim from earlier - just had my Bauer hearing last week. Deputy Labor Commissioner ruled in my favor!

Awarded $4,780 in meal break premiums plus $2,100 in waiting time penalties (I quit after filing). Total judgment: $6,880.

Employer has 10 days to appeal. If they don't, I should get paid within 30 days. If they do appeal, we go to Superior Court and start over. Fingers crossed they just pay.

Thanks to this thread for the encouragement to file!

PSA from the HR side: 2026 minimum wage increased to $16.50/hr statewide (higher in some cities like LA and SF).

That means premium pay calculations for meal/rest break violations also increased. If you're calculating what you're owed, make sure you're using the correct rate for each violation period.

Also, the salary threshold for exempt status increased to $68,640/year. Some people classified as exempt in 2025 might now be misclassified in 2026 if their employer didn't adjust their salary.

Following up from my question last summer - I did talk to a lawyer about the "scheduled under 6 hours but worked over" situation.

Filed a DLSE complaint covering 2 years of violations. Conference is scheduled for March. Employer already reached out offering to settle for $2,800. My lawyer thinks we can get more so we're proceeding.

Thanks @DianaR_EmpLaw for confirming my suspicion. Turns out this was happening to like half the part-timers at my store.

New here - just started reading this whole thread. Amazing information. Question that I don't think was covered:

What if you're working from home? My company has me doing customer service from home, 8 hour shifts. They say since I'm at home I can "take breaks whenever" but they also monitor my screen time and I get written up if my "active time" drops below targets.

Do WFH employees still get meal break protections?

@MelissaT_Anaheim - Yes, WFH employees absolutely still have meal and rest break rights. Working remotely doesn't change the Labor Code requirements.

Your situation sounds a lot like @NancyN_Riverside's - theoretically allowed breaks but practically penalized for taking them. If your "active time" metrics make it impossible to take breaks without consequences, that's likely a violation.

The screen monitoring actually helps your case - there's probably detailed data showing exactly when you worked without breaks. That data would be discoverable in litigation.

Remote work meal break violations are a growing area of claims. Companies got sloppy with compliance when everyone went WFH. Check out the meal break demand letter template if you want to understand the basics before talking to a lawyer.

FINAL UPDATE: Court approved the settlement last week. Checks being mailed this month!

Final numbers (now that it's public): $485,000 total settlement for approximately 75 employees over 2 years of violations.

After attorney fees (33%), admin costs, and the 75% LWDA share, the employee fund is about $78,000 split among us. I'm getting around $3,200 as the representative plaintiff, plus my individual claim portion.

More importantly - went back to visit some former coworkers. The company completely changed. Everyone gets their breaks now. New supervisors were hired. The break room has a big poster about break rights. Management is scared of another lawsuit.

That's the real win. Thanks to everyone who helped me through this process. This thread literally changed my life and the lives of my coworkers.