Your Rights to Meal and Rest Breaks: Know the Law
California has some of the most protective labor laws in the country, and when it comes to meal and rest breaks, employees are entitled to clear and enforceable rights. But many workers still don’t know what they’re entitled to—or what to do when those rights are violated.
What Are Your Meal and Rest Break Rights in California?
If you’re a non-exempt (hourly) employee in California:
- Meal Breaks: You are entitled to a 30-minute unpaid meal break if you work more than 5 hours in a day. If you work more than 10 hours, you may be entitled to a second meal break.
- Rest Breaks: You must also receive a paid 10-minute rest break for every 4 hours worked (or major fraction thereof).
These laws are not optional. Employers must provide breaks, not just “allow” them. That means you’re not expected to skip them due to workload or management pressure.
What Happens If You’re Denied Breaks?
If your employer fails to provide you with a legally required break, they owe you one hour of pay at your regular rate for each day that a meal or rest break was missed.
You can file a wage claim with the California Labor Commissioner’s Office or consult a labor law attorney to help you recover unpaid wages and penalties.
Common Violations to Watch For
- Being scheduled with no time to take a full 30-minute meal break
- Being expected to “eat while working”
- Not being relieved of all duties during your break
- Not getting rest breaks during long shifts
- Retaliation for requesting your break rights
Protecting Your Rights
Keep records of your hours, breaks, and any missed breaks. If you’re consistently being denied your breaks, speak up. You are protected from retaliation under California law.
