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 law, non-exempt employees are entitled to a 30-minute unpaid meal break if they work more than five hours in a day. If a worker is on the job for more than ten hours, a second 30-minute meal break is required.
Meal breaks must be uninterrupted and begin no later than the end of the fifth hour of work. Importantly, you must be completely relieved of all duties, meaning you cannot be expected to answer calls, respond to messages, or stay “on-call.”
If an employer fails to provide this break, California Labor Code § 512 requires that the worker be paid an additional hour of pay at their regular rate.
What Are the California Rest Break Laws?
Rest breaks are paid and are also mandatory. Workers must receive a 10-minute paid rest break for every 4 hours worked, or a “major fraction” thereof. That means if you work a 6-hour shift, you are still owed a rest break.
Breaks should ideally be provided in the middle of the work period. Like meal breaks, rest breaks must be duty-free. If you’re asked to stay near your workstation, cover phones, or monitor equipment during your rest, it’s not legally compliant.
Failure to provide rest breaks also triggers a one-hour premium penalty per day per violation.
Common Break Law Violations in 2025
As break enforcement intensifies in 2025, here are the most common violations we’re seeing at Bibiyan Law Group:
- Employers list breaks on paper but discourage or deny them in practice, a pattern increasingly targeted under California Labor Code § 226.7.
- Managers interrupting breaks to ask questions or assign tasks, violating break duty-free requirements enforced by the California Labor Commissioner.
- Remote workers are expected to be available online during breaks, despite guidance clarifying that California break laws apply to remote and hybrid employees.
- Breaks delayed past the legal five-hour window due to understaffing, which may be used as evidence in wage violation claims under the California Meal and Rest Breaks Service Page.
These violations are often systematic and sometimes occur across the entire company. If multiple employees are affected, the issue may escalate to a class-action lawsuit.
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.
What You’re Owed: Break Premiums and Wage Recovery
If your employer fails to provide legal breaks, 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 any unpaid overtime tied to break violations
- Waiting time penalties if your employer delayed your final paycheck after quitting or termination
These amounts can add up quickly, especially for workers in fast-food, warehouse, call center, and delivery roles.
What to Do If Your Break Rights Are Violated
If you regularly miss breaks or are expected to work through them, it’s essential to take steps to protect your rights. Start by keeping a detailed record of your work schedule and any missed breaks. Use handwritten notes or time-stamped screenshots to document your progress. If your employer sends you messages during breaks asking you to resume work, save those texts or emails.
Speak with coworkers who may be experiencing similar treatment. If the problem is widespread, your situation could support a wage-and-hour class action. You should also review your rights on the California Meal and Rest Breaks service page and the statute of limitations for filing a claim.
Finally, connect with an experienced attorney. At Bibiyan Law Group, we can evaluate whether your rights have been violated, calculate any break premiums or penalties owed, and assist you in filing a formal claim if necessary.
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.
Preguntas frecuentes
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.
Cargando...