8 Ways to A Lawsuit for Break Law Violation in California

An employer’s violation of California break law may result in a million dollar lawsuit.

After a tough morning at work, an employee heads to the office kitchen to make himself lunch. His stomach is rumbling, and that ham sandwich he packed sounds extra delicious. He takes his food out of the fridge, then pauses. He has a project due at the end of the day and is worried that his boss won’t like him taking a break, even for a meal. The man wonders if he is entitled to a mid-day break.

By: Brad Nakase, Attorney

Email  |  Call 888-600-8654

1. Are California Employees Entitled to a Break?

Non-exempt employees in California are entitled to breaks as per the state’s break laws. California employers are required to provide a 30-minute break to workers. The quantity of breaks is dependent upon the hours worked.

2. If A Employee Work Over Five Hours, Does the Employee Get a Meal Break?

If an employee works over five hours in a day, he or she is entitled to a meal break of at least 30 minutes. However, it is important to note that the meal break must begin prior to the end of their fifth hour of work.

3. What If An Employee Work Less Than Six Hours in a Day?

If an employee works less than six hours in a day, he or she is eligible to waive his or her meal break. In certain circumstances, with the written agreement of the employer, he or she may be able to remain on the clock during lunch. In this instance, the employee will continue to work during his or her meal break and will be paid for the time.

4. What If An Employee Work Over Ten Hours in a Day?

In California, an employee who works more than ten hours in a day is designated a second 30-minute meal break. This break is to be taken prior to the end of the tenth hour of work. The employee is eligible to waive the second meal break, but only under the following conditions:

  • The employee does not work more than 12 hours in a shift
  • The employee has not already waived the first meal break

5. Is An Employee Entitled to Have a Rest Break?

California employees are also protected under the state’s rest break laws. This means that any employee who works over 3 ½ hours in a day is allowed one 10-minute rest break.

6. What If An Employee Works Over 6 Hours in a Day?

California employees who work over 6 hours in a day are allowed a second 10-minute rest break. Similarly, if an employee works over 10 hours in a day, they are entitled to a third break of the same duration.

7. Does An Employee Get Paid During My Break?

California break laws dictate that employers must pay employees during rest breaks. The break period is thereby counted as hours worked.

8. When May An Employee Take a Break?

Ideally, rest breaks will be taken halfway through each work period, with the meal break acting as the divider between periods.

We want to hear your story.

7 + 1 = ?

California Rest and Meal Break Laws 2026

California Rest and Meal Break Laws 2026: Complete Guide

California rest and meal break laws set requirements for breaks, waivers, employer duties, and premium pay after violations. This 2026 guide details employee rights, penalties, industry exceptions, common infractions, and recordkeeping practices.
What Is Considered Wrongful Termination in California

What Is Considered Wrongful Termination in California?

Wrongful termination in California may involve discrimination, retaliation, contract breaches, protected leave violations, or dismissals that violate public policy. Employees can review common examples, available remedies, evidence to preserve, and steps to take after an unlawful firing.
Am I Being Sexually Harassed At Work

Am I Being Sexually Harassed At Work?

Workplace sexual harassment can include unwanted touching, sexual remarks, explicit messages, stalking, repeated date requests, or demands for sexual favors. California employees can preserve evidence, report misconduct in writing, and pursue legal action when an employer fails to respond.
California Law on Deductions from Wage Paycheck

California Law on Deductions from Wage Paycheck

California wage deduction laws limit what employers can withhold for uniforms, meals, housing, debts, taxes, and garnishments. See when employee consent is required and what remedies may apply for improper paycheck deductions.
Workplace Bullying- California Laws, Rights, and Examples

Workplace Bullying: California Laws, Rights, and Examples

Workplace bullying in California can involve verbal abuse, sabotage, threats, cyberbullying, or harassment tied to protected traits. California employees may have legal options when bullying becomes discrimination, retaliation, wrongful termination, or other unlawful workplace conduct.
Do you get paid for training at a job

Do You Get Paid for Training at a Job?

Paid training rules can affect wages for job orientations, meetings, classes, and required work-related courses. See when training must be paid, when exceptions may apply, and how employees can document unpaid hours.
How Long Is Maternity Leave in California

How Long Is Maternity Leave In California?

California maternity leave may include CFRA bonding time, pregnancy disability leave, paid family leave, and job protection. This guide covers eligibility, pay options, breastfeeding rights, and steps when an employer denies leave.
Can Your Employer Spy on You at Home

Can Your Employer Spy on You at Home?

Employee monitoring laws may allow workplace surveillance on company devices, but privacy rights still limit spying at home. Review rules for notice, consent, personal devices, webcams, GPS tracking, email, calls, and state laws.
Are employers required to pay for unauthorized overtime

Are Employers Required To Pay For Unauthorized Overtime?

Employers must pay unauthorized overtime when workers perform extra hours, including off-the-clock time known to the company. California law allows discipline for policy violations, but employers cannot withhold earned wages.
How to Calculate Daily and Weekly Overtime in California

How to Calculate Daily and Weekly Overtime in California

Calculate daily and weekly overtime in California, including pay rates, bonuses, commissions, and salaried employee rules. California overtime laws affect workers, employers, wage calculations, payroll records, and costly pay mistakes.
How to Sell Yourself

How To Sell Yourself In A Job Interview

Show hiring managers your value in a job interview without sounding boastful or forced. Share results, numbers, and a strong career story that supports your fit for the role.
Is Semi-monthly and Bi-weekly The Same Thing

Is Semi-monthly and Bi-weekly The Same Thing?

Semi-monthly and bi-weekly payroll differ in timing, pay periods, overtime handling, and total annual paychecks for employees and employers. Compare both schedules to choose the right fit for budgeting, payroll processing, and workforce needs.
How To Sue Your Employer

How To Sue Your Employer In California

See when California workers may sue an employer for discrimination, retaliation, unpaid wages, wrongful termination, or leave-related violations. Review the records, deadlines, and legal steps that can affect a workplace claim in California.
Can an employee be terminated while on medical leave

Can An Employee Be Terminated While On Medical Leave?

California employees on medical leave can still be fired in some cases, based on the reason for termination and the medical record. This article covers FEHA, return-to-work dates, and doctor’s notes that may affect a disability or leave-related claim.
Wrongful Termination Lawsuit in California

Wrongful Termination Lawsuit in California

California wrongful termination lawsuits may involve discrimination, retaliation, contract breaches, WARN Act violations, AI-based firing, or public policy violations. This article covers claim grounds, supporting evidence, court steps, and possible compensation after an unlawful firing or forced resignation.
Tips on Misclassification of Exempt Employees

Tips on Misclassification of Exempt Employees

California workers may lose overtime, meal breaks, and rest breaks when employers wrongly label positions as exempt. This article explains exemption rules, misclassification warning signs, possible damages, and the role of an employment attorney.

© Copyright | Nakase Law Firm (2019)