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 + 0 = ?

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.
Retaliation for Reporting Harassment at Work

Retaliation for Reporting Harassment at Work

Retaliation after reporting workplace harassment can include firing, demotion, pay cuts, schedule changes, or other harmful job actions. This article outlines protected activity, signs of retaliation, evidence to gather, complaint deadlines, and the legal steps involved.
How is an independent contractor different from an employee

How Is An Independent Contractor Different From An Employee?

See how California law separates independent contractors from employees, including control, pay, benefits, and legal protections. Get the facts on worker classification, misclassification costs, and the legal tests courts and agencies apply.
What is the Equal Pay Act

What is the Equal Pay Act and Worker Rights?

The Equal Pay Act bars wage discrimination for substantially similar work and protects workers facing unequal pay, retaliation, and hiring bias. This article outlines federal and California pay rules, employer defenses, filing deadlines, damages, and legal rights for employees and applicants.
How to Call in Sick - Simple Tips for Notifying Your Boss

How to Call in Sick? Simple Tips for Notifying Your Boss

Get simple tips for calling in sick, telling your boss, and handling sick day communication at work with confidence and professionalism. See when to notify your manager, what to say, and how to stay professional during one-day or multi-day absences.
FMLA Retaliation and Wrongful Termination

FMLA Retaliation and Wrongful Termination

Facing termination after medical leave may signal FMLA retaliation and violations of your job protection rights. Review common warning signs, legal options, and how an experienced California FMLA attorney can support your claim.
How To File A Workplace Harassment Complaint

How To File A Workplace Harassment Complaint

File a workplace harassment complaint with step-by-step actions: document incidents, follow internal reporting rules, and preserve evidence. Know key deadlines, agency filings like the EEOC, and when legal action may be the next step.
Do I Get Overtime Pay If I’m Paid a Salary

Do I Get Overtime Pay If I’m Paid a Salary?

In California, salary pay does not decide overtime; job duties, pay threshold, and hours worked do. See who is exempt, common misclassification signs, unpaid overtime rules, and options for wage claims or lawsuits.
Know your rights when you experience sexual harassment in the workplace

Know Your Rights When You Experience Sexual Harassment In The Workplace

California workplace sexual harassment laws protect employees and outline rights, reporting steps, employer duties, and available legal remedies. This article explains harassment types, complaint options, retaliation rules, compensation, and recent arbitration law changes affecting California workers.

How do I know if I am exempt from overtime pay?

Check if you qualify for California overtime pay in 2026, including daily, weekly, and seventh-day rules. See exemption tests, salary thresholds, union contract exceptions, and steps to recover unpaid wages with penalties and filing deadlines.

© Copyright | Nakase Law Firm (2019)