Which Employees are Entitled to a Lunch Break?
Under California law, non-exempt employees are entitled to a meal break.
Standard lunch break laws do not apply to certain types of employees:
- Independent contractors
- Exempt employees
- Certain Unionized employees
What is an exempt employee?
Under California law, an exempt employee is a person employed in a managerial, executive, administrative, or professional capacity (8 C.C. R 11040). To be classified as an exempt employee, one must meet these requirements:
- Most of an employee’s work time is spent on managerial or original, proprietary work
- An employee consistently makes his or her own decisions, using his or her own judgement
- An employee, working full-time, earns at least twice the California minimum wage
What are examples of unionized employees?
In California, certain industries have unionized workers who separately negotiate their own lunch break requirements (Labor Code 512 LC). These industries include:
- Construction
- Commercial driving
- Security services
- Electrical
- Gas
Are Employees Paid During Their Lunch Breaks?
It is not required for employers to pay their employees during meal breaks. Some employees may therefore wish to work through lunch and go home early. However, according to California break laws, employees that work six or more hours are required to take meal breaks, regardless of whether they are paid. Only employees who work less than six hours have the right to waive their meal break, with the written consent of their employer.
Example: Eugenia has a job at a high-end jewelry retailer where she works seven hours per day. On Thursday, Eugenia wants to go to a concert with her boyfriend. She assumes that if she works through lunch, she can go home early to get ready. However, because Eugenia works more than six hours in a day, she is required by California law to take her meal break. She does not have the right to waive her lunch period.
Can Employers Require Employees to Take “On-Call” Lunches?
An “on-call” lunch break is defined as when an employee is not relieved of their responsibilities and/or remains on the worksite during his or her break. “On-call” lunch breaks are normally only permitted depending on the nature of the job. If the job requires the consistent oversight of the employee, the employee may have an on-duty break. This is determined by written agreement. Under California law, “on-call” breaks must be counted as hours worked and the employee accordingly compensated.
Example: Johnny, a medic, works as a first responder. At noon, he and his partner park their ambulance at Chipotle to buy burritos. They proceed to eat their lunch in the ambulance with the scanner on in case any calls come in. As defined by California law, this is a permissible “on-call” meal break because as emergency personnel, Johnny must be ready to assist people at any time during his shift.
Can an Employee’s Lunch Break Be Canceled?
Under California Law, an employer cannot deny an employee his or her lunch break. That said, the employer does not have to enforce the lunch break. Specifically, if an employee wishes to voluntarily work through their lunch break, he or she may do so.
Example: Peter works at a sports medicine clinic. On Wednesday, when it is time to take his lunch, his boss demands that he wash and fold the towels meant for patients. The boss instructs Peter to take his lunch later when there is less to do. Peter’s boss has thereby violated California labor laws by denying Peter his meal break.
Another Example: Isabelle works at Barnes & Noble. One day she is busy restocking the shelves in the Fantasy section. When it is time for her lunch break, Isabelle decides she would prefer to continue shelving books rather than eat. Under California law, this is allowed because Isabelle voluntarily chose to work through her lunch. Her employer had no say in the decision and is therefore not responsible.
Can an Employer Be Sued for Denying a Lunch Break?
If an employer denies an employee his or her lunch break, the employer may face a wage and hour lawsuit. As an alternative, the aggrieved employee may also file a claim under the Private Attorney General Act (PAGA).
If such a lawsuit is successful, the employer must pay one hour’s compensation for each meal break denied.
Example: Oliver works a six-hour shift at Guitar Center every Monday, Wednesday, and Friday. Oliver’s employer tells him that he is not eligible for lunch breaks. For one month, Oliver works without taking lunch. It so happens that Oliver’s uncle has a law degree from Berkeley, and at a family barbecue, he informs Oliver of California labor laws. Oliver successfully sues his employer for denying him lunch breaks. The employer owes Oliver damages of 12 hours at his regular salary – one hour for each of the twelve lunches denied.