California labor laws, especially regarding employee break rights, rank among the strongest in the nation. Under statutes such as Labor Code § 512 and Labor Code § 226.7, employers are required to provide meal and rest breaks that are timely, uninterrupted, and duty-free.
Yet, every year, thousands of workers are denied these legally required meal and rest breaks, especially in industries like retail, hospitality, logistics, and healthcare, where understaffing is common.
In 2025, the California Labor Commissioner’s Office made break violations a top enforcement priority. Employers who fail to comply can face substantial penalties, including break premiums, waiting time penalties, and potential class action lawsuits.
If you’re not receiving your required breaks, this post will guide you through your rights and how to hold your employer accountable.
What Are the California Meal Break Laws in 2025?
Under California Labor Code §512, all non-exempt employees are entitled to:
- A 30-minute unpaid meal break if they work more than 5 hours in a day.
- A second 30-minute meal break is provided if they work more than 10 hours a day.
Meal breaks must be timely, uninterrupted, and duty-free, meaning you cannot answer calls, respond to messages, or remain “on-call.” Employers who fail to provide these breaks must pay one hour of premium pay per violation.
California Rest Break Laws 2025
California law also requires paid rest breaks for non-exempt employees:
- One 10-minute paid rest break for every 4 hours worked, or a “major fraction” thereof.
- Breaks should be provided in the middle of the work period and must be duty-free.
If you are asked to monitor equipment, cover phones, or remain at your workstation during rest breaks, your employer is violating Labor Code §226.7, and you may be entitled to one hour of premium pay per missed break.
Common Break Law Violations in 2025
The California Labor Commissioner increasingly enforces break violations. Common examples include:
- Paper-only breaks: Employers list breaks but discourage or deny them in practice.
- Interrupted breaks: Managers assign tasks or call employees back during rest or meal periods.
- Remote work violations: Workers required to respond to emails, Slack, or Zoom during breaks.
- Delayed breaks: Meal periods pushed past the legal 5-hour limit due to understaffing.
These violations often occur systematically and may support wage claims or class-action lawsuits when multiple employees are affected.
Case Example: Warehouse Staff Denied Proper Breaks
In a recent 2024 case, warehouse workers in Riverside County alleged that supervisors routinely denied breaks, citing production quotas and understaffing. Although timecard software logged break periods, the employees were expected to remain at their stations and often performed tasks during those logged times.
The California Labor Commissioner found the practice to violate state law, ordering back pay, penalties, and the implementation of an audit-proof scheduling system.
Can Remote Workers Claim Break Violations?
Yes. California’s labor laws apply whether you work on-site, remotely, or in a hybrid model. If you’re working from home and your employer requires you to respond to Slack, Zoom, emails, or other tools during your scheduled breaks, you’re still entitled to a premium penalty.
It doesn’t matter where the work occurs, only that the employer controls your break time.
Break Premiums and Wage Recovery in California
If your employer violates meal or rest break laws, you may be entitled to:
- One hour of premium pay per day for each missed meal break
- One hour of premium pay per day for each missed rest break
- Back pay for unpaid overtime related to break violations
- Waiting time penalties if your final paycheck was delayed after quitting or termination
These amounts can accumulate quickly, especially in industries like fast food, warehouses, call centers, and delivery services. Acting promptly helps preserve evidence and increases the likelihood of full recovery.
Steps to Protect Your Meal and Rest Break Rights in California
If your meal or rest breaks are denied, take the following steps:
- Document everything: Keep a detailed record of your work hours and any missed breaks using handwritten notes or time-stamped screenshots.
- Save communications: Preserve texts, emails, or messages from supervisors instructing you to work during breaks.
- Talk to coworkers: Confirm whether others face similar violations; this may support a class-action claim.
- Consult an employment attorney: A California wage and hour lawyer can calculate your owed break premiums, assist in filing a wage claim, and represent you in negotiations or court.
At Bibiyan Law Group, we help California workers recover unpaid wages and break premiums, ensuring compliance with Labor Code §§512 and 226.7.
Frequently Asked Questions
1. What happens if I miss both my meal and rest breaks on the same day?
If your employer fails to provide both a legally compliant meal and rest break on the same workday, you may be entitled to two separate premium payments one hour of pay for each missed break. That means a total of two hours of premium pay per day for double violations.
2. Can I waive my meal break if I don’t want to take it?
Yes, in limited cases. You may voluntarily waive your first meal break if your shift is six hours or less. The second meal break may also be waived, provided your shift is under 12 hours and you have taken your first break. However, waivers must be mutual and in writing; your employer can’t pressure you into skipping breaks.
3. Do part-time employees have the same break rights as full-time employees?
Yes. California’s meal and rest break laws apply to all non-exempt employees, regardless of full-time or part-time status. If you work at least 3.5 hours in a day, you’re generally entitled to a rest break. If you work more than 5 hours, a meal break is required.
4. Is it legal for my employer to combine my rest and meal breaks into one long break?
No. California law prohibits employers from combining or “stacking” rest and meal breaks into a single extended break. Rest breaks and meal periods must be provided separately, at appropriate intervals, and may not be substituted for one another.
5. How long do I have to file a claim for missed breaks?
You typically have three years from the date of the violation to file a wage claim for missed meal or rest breaks. However, if other claims are involved (like waiting time penalties or retaliation), the timeline may vary. It’s best to speak with an attorney as soon as possible to protect your rights.
Speak With a California Break Violation Attorney Today
Your time is valuable, and under California law, it’s protected. If your employer is denying you meal or rest breaks or forcing you to work during them, you may be entitled to premium pay, back wages, and legal penalties.
At Bibiyan Law Group, we’ve helped thousands of workers across California recover compensation for illegal break practices, missed wages, and wrongful termination tied to speaking out.
All consultations are 100% free and confidential, and you won’t pay us unless we successfully represent you in your case.
Schedule your free consultation here and take the first step to protecting your rights.