Meal Breaks

Questions about California Meal Break Laws?

We Have the Answers & Help You Need.

Are you denied lunch breaks or required to work through them? Your employer may be violating CA meal break laws. Take a look through these FAQ on lunch break laws, then give us a call at 800-417-2008 for a free legal consultation. Meal breaks are your right!

Under what circumstances am I entitled to a lunch break?

If you work more than 5 hours a day, California meal break laws entitle you to a lunch break of no less than 30 minutes. If you work more than 10 hours a day, you are entitled to two 30 minute lunch breaks. Although lunch breaks may be waived by mutual consent in certain cases, if you work over 6 hours a day, neither you nor your employer can waive your right to a 30 minute lunch break.

What counts as a meal break?

During a meal break, you should be relieved of all duties and free to leave the premises for the 30 minute period. If you are not relieved of all duties and/or are not allowed to leave your workplace, the meal period is considered an ‘on duty’ meal period paid at your regular rate. ‘On duty’ meal periods are permitted only when the nature of the work prevents you from being relieved from all duties and when there is a written agreement between you and your employer.

What happens if my employer doesn’t provide me with the required meal break?

Your employer must pay you an additional hour of pay at your regular rate for each workday that a meal break is not provided.

What can I do if my employer does not allow me to take a meal break and does not compensate me with an extra hour of pay?

Give us a call at 800-417-2008 for a free legal consultation and information on filing a claim.

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