California Lunch Break Laws

In California, workers have robust protections under state labor laws, ensuring that employees get fair treatment, including mandatory Lunch breaks and rest periods. These laws are designed to prevent employers from overworking their employees without providing adequate time to rest, eat, and recharge. However, despite the clarity of these laws, violations occur all too often. If you’re wondering what your rights are under California’s Lunch and rest break laws, this article will provide detailed insight. Moreover, if you’re facing violations of these rights, you may have the option to take legal action against your employer. At Heidari Law Group, we specialize in helping employees understand and protect their rights under California’s labor laws.

Overview of California Lunch Break Laws

Definition of Lunch Breaks

In California, the law requires employers to provide employees with unpaid, uninterrupted Lunch breaks under specific circumstances. The California Labor Code Section 512 lays out clear guidelines regarding Lunch breaks for employees working over a certain number of hours per shift.

If an employee works more than five hours in a day, the employer must provide a 30-minute unpaid Lunch break. This break must occur before the end of the employee’s fifth working hour. If an employee works more than 10 hours, they are entitled to a second 30-minute unpaid Lunch break. In specific situations, such as when the total workday does not exceed 12 hours, an employee may choose to waive the second Lunch break, but only if they took the first one.

California Rest Break Requirements

In addition to Lunch breaks, California law mandates paid 10-minute rest breaks for every four hours of work, or major fraction thereof. Rest breaks must be given in the middle of each work period, whenever practical. These rest breaks are paid time, meaning employees are compensated while taking them.

The goal of these laws is to ensure that workers are not pushed to their physical and mental limits without having enough time to rest and maintain their health. These breaks are not just beneficial for the workers, but also for employers who want to maintain a productive and healthy workforce.

Breaks

To clarify:

• Unpaid Lunch breaks: Workers must receive an uninterrupted 30-minute unpaid Lunch break when working more than five hours in a day.
• Second Lunch break: Workers must receive an additional 30-minute unpaid Lunch break when working more than 12 hours in a day.
• Paid rest breaks: Employees are entitled to a 10-minute paid rest break for every four hours worked.

Employers who violate these requirements can face serious legal consequences, including paying back wages or facing lawsuits from employees.

When Lunch Breaks Must Be Provided

Lunch breaks must occur at specific times during a shift, and employers cannot force employees to postpone them. The first Lunch break must be provided before the end of the fifth hour of work. For example, if you start your shift at 8:00 AM, your employer must allow you to take your Lunch break by 1:00 PM. If an employee works longer shifts, exceeding 10 hours, they are entitled to a second Lunch break, which must be provided by the end of the tenth working hour.

If the total workday will not exceed six hours, employees can voluntarily waive the first Lunch break. However, the waiver must be mutual between the employee and employer. Similarly, if the total workday will not exceed 12 hours, employees can waive the second Lunch break, but only if they took the first one.

Can I Skip or Waive My Breaks?

While employers are required to provide Lunch breaks, the employee may sometimes opt to waive these breaks. Waiving a Lunch break is only allowed under specific conditions:

• For shifts shorter than six hours: Employees can waive their first 30-minute Lunch break if both the employee and employer agree, and the shift does not exceed six hours.
• For shifts longer than 10 hours but shorter than 12 hours: Employees can waive their second Lunch break, but only if they have already taken the first one.

Waiving Lunch breaks is entirely voluntary, and employees cannot be pressured or forced by their employer to give up these rights. If an employer insists that an employee works through their Lunch break, it could lead to a legal violation.

What Constitutes a Legal Lunch Break?

To meet the legal standards in California, Lunch breaks must meet specific criteria. A Lunch break is considered legal if:

• The break is uninterrupted: Employees should not be required to perform any work duties during their Lunch break. This means no answering phones, responding to emails, or performing any tasks.
• Employees are relieved of all duties: During the break, employees should be fully relieved of their work obligations. They should have the option to leave the premises if they wish.
• The break lasts at least 30 minutes: The Lunch break must last for at least 30 minutes to count as a proper break under the law.

If an employee is asked to work during their Lunch break or is not allowed to take a full 30 minutes, the employer is in violation of the law. You should consult with a wage and hour attorney if you know your employer is in violation with your lunch breaks.

On-Duty Lunch Breaks

In rare cases, “on-duty” Lunch breaks may be allowed, but only if the nature of the work prevents the employee from being fully relieved of duties. In such situations, the employee must agree to an on-duty Lunch break in writing, and the agreement must be revocable. On-duty Lunch breaks are paid breaks since the employee is still technically working. Consult with a wage dispute attorney if you believe your employer is in violation.

Rest Breaks vs. Lunch Breaks

It’s essential to understand the difference between rest breaks and Lunch breaks under California law:

• Rest breaks are shorter (typically 10 minutes), paid, and provided for every four hours worked or major fraction thereof.
• Lunch breaks are longer (at least 30 minutes), unpaid, and required when an employee works more than five hours in a day.

Rest breaks should be provided in the middle of each four-hour work period whenever practical, and employees should not be required to work through these breaks. Like Lunch breaks, rest breaks must be free from work obligations. If an employee is asked to perform work during a rest break, the employer could be in violation of California labor laws.

Common Violations of Lunch Break Laws

Employers may violate California Lunch break laws in several ways, including:

• Failing to provide breaks at the required times: Employers must ensure that employees take their Lunch break before the end of the fifth hour of work.
• Requiring employees to work during Lunch breaks: Employers cannot require employees to perform work tasks during Lunch breaks.
• Not offering a second Lunch break: Employers must provide a second Lunch break if an employee works more than 10 hours in a day.
• Failing to provide rest breaks: Employers must also offer rest breaks for every four hours worked.

Learn more about the labor code by reading the Private Attorneys General Act (PAGA).

Can I Sue My Employer for Violating California Lunch Break and Rest Break Law?

Yes, employees have the right to file a claim or lawsuit against their employer for violating California’s Lunch break and rest break laws. The law entitles employees to one hour of pay at their regular rate for each day that their Lunch break was not provided or was interrupted, and another hour of pay for each day they were not provided a rest break.

Employees may also sue for additional damages if they can prove that the employer intentionally violated their rights or engaged in retaliatory behavior after the employee complained about Lunch break violations.

Employee Rights and Employer Obligations

Employees have the right to take Lunch and rest breaks as outlined in the California Labor Code. Employers have the obligation to:

• Ensure breaks are taken at the appropriate times.
• Pay employees for rest breaks.
• Allow employees to take their Lunch breaks without interruptions.

If employers fail to comply with these obligations, employees can report violations to the California Division of Labor Standards Enforcement (DLSE) or file a lawsuit.

I Am an Exempt Salaried Worker, Can I Still Sue My Employer?

California Lunch and rest break laws primarily apply to non-exempt employees, meaning those who are paid hourly and not salaried. However, just because you are an exempt employee doesn’t mean you’re without rights. In some cases, employers may misclassify employees as exempt to avoid paying for overtime and Lunch/rest break violations. If you believe you have been misclassified or your employer is violating your rights, it is essential to consult with a labor law attorney to assess your situation.

Filing a Claim for Lunch Break Violations

If you believe your employer has violated your rights regarding Lunch and rest breaks, you have the right to file a claim with the California Labor Commissioner’s Office. This can result in a full investigation into your employer’s practices. You may also be able to file a lawsuit to recover unpaid wages, penalties, and damages for emotional distress.

Retaliation and Legal Protections

California law also protects employees from retaliation. Employers cannot retaliate against employees who assert their rights under the state’s labor laws. If an employee is fired, demoted, or otherwise mistreated after complaining about Lunch break violations, they may have grounds for a retaliation lawsuit.

Contact Heidari Law Today!

Lunch and rest break laws are in place to protect the health and well-being of California workers. These laws are not optional, and employers must comply with them. If your employer has failed to provide proper Lunch breaks or rest periods, or if you have experienced retaliation after asserting your rights, Heidari Law Group is here to help. Our experienced labor attorneys can provide guidance, help you file a claim, and ensure that your rights are fully protected.

If you believe your employer has violated your Lunch and rest break rights, contact Heidari Law Group for a free consultation. Our team of skilled attorneys can help you recover lost wages and hold your employer accountable. Reach out today to discuss your legal options and get the justice you deserve.