California has some of the strongest labor laws in the country when it comes to employee breaks. Workers are entitled to both meal breaks and rest breaks, and these breaks must be paid or unpaid, depending on the type, uninterrupted, and free from job duties. Unfortunately, many employees, especially in industries like retail, healthcare, warehouses, and hospitality, often do not receive the breaks they are legally owed.
Employers who fail to follow California law can face penalties, including extra pay for missed breaks, waiting time penalties, and even potential class-action lawsuits. Understanding your rights can help you ensure that you are being treated fairly and help you recover compensation if your rights are violated.
What Are Your Meal Break Rights?
Non-exempt employees in California are entitled to a 30-minute unpaid meal break if they work more than five hours in a day. If you work more than ten hours, you are entitled to a second 30-minute meal break.
Meal breaks must be uninterrupted and duty-free. This means you cannot be expected to answer emails, take calls, or stay on-call during your break. The break must start no later than the end of the fifth hour for the first meal break and no later than the end of the tenth hour for the second meal break.
If your employer fails to provide a meal break, you may be entitled to one hour of pay at your regular rate for each missed meal break. Meal breaks must be taken off work premises if possible, and you cannot be required to work during this time.
What Are Your Rest Break Rights?
Rest breaks are shorter, usually 10 minutes, but they are still paid and protected under California law. Employees are entitled to one 10-minute rest break for every four hours worked, or a major fraction of four hours. For example, if you work a six-hour shift, you are entitled to one rest break.
Rest breaks should be scheduled in the middle of your work period when possible. During a rest break, you must be completely relieved of duties. If your employer asks you to cover phones, monitor equipment, or perform any tasks during your break, this is a violation. Employers must pay one hour of premium pay for each missed rest break.
Common Break Violations in 2025
Some of the most common ways employers fail to comply with California break laws include:
- Listing breaks on paper but discouraging employees from actually taking them.
- Interrupting breaks to assign tasks or ask questions.
- Expecting remote workers to remain online or respond to messages during breaks.
- Delaying breaks due to understaffing or high workloads.
These violations often happen across entire workplaces, which can sometimes lead to class-action claims when multiple employees are affected.
Examples of Enforcement
In a 2024 case, warehouse employees in Riverside County claimed they were denied breaks due to production quotas and understaffing. Although the timecard software logged breaks, employees were expected to continue working at their stations. The California Labor Commissioner found the employer in violation, ordering back pay, penalties, and new systems to ensure breaks were provided properly.
Remote and hybrid employees have the same rights. If you are required to respond to emails, calls, or messaging apps during breaks, this still counts as a violation. Employers cannot control your break time while expecting you to work.
What You Can Recover
If your employer does not provide legally required breaks, you may be entitled to:
- One hour of pay for each missed meal break per day
- One hour of pay for each missed rest break per day
- Back pay for unpaid overtime linked to missed breaks
- Waiting time penalties if your final paycheck was delayed
These amounts can add up quickly, especially for workers in fast-paced industries like delivery, warehouses, retail, or call centers.
Steps to Protect Your Rights
If you are missing breaks, keep detailed records of your schedule and missed breaks. Use handwritten notes or time-stamped screenshots to document your workday. Save messages or emails from your employer that ask you to work during your breaks.
Talk with coworkers who might be experiencing the same issues. If multiple employees are affected, your case could support a class-action claim. Reviewing your rights under California labor laws and consulting with an attorney can help ensure you recover any unpaid wages and penalties you are owed.
Schedule a Consultation Today
California law protects your right to meal and rest breaks. If your employer is denying these breaks, you may be entitled to extra pay, back wages, and legal penalties. Call (323) 954-1800 to speak with a Los Angeles workers’ compensation and labor law attorney to discuss your situation. Protecting your rights today can help you recover compensation for breaks you were denied.